Ordinance No. 2023-032INSTRUMENT#: 2024003971
GARY J. COONEY, CLERK OF
REC FEES: $44.00
OR BK 6269 PG 346 PAGES: 5 1/11/2024 12:19:53 PM
THE CIRCUIT COURT & COMPTROLLER, LAKE COUNTY, FLORIDA
C�rc' 'vT
CITY OF CLERMONT
ORDINANCE NO.2023-032
AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY
COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
AMENDING THE LAND DEVELOPMENT CODE, CHAPTER 123-
VEGETATION, SECTION 123-102-ISSUANCE; CRITERIA FOR TREE
REMOVAL; TREE REPLACEMENT STANDARDS; PROVIDING FOR
CONFLICT, SEVERABILITY, CODIFICATION, THE
ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR,
RECORDING, PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the City of
Clermont Planning and Zoning Commission, acting as the Local Planning Agency of the City, has
held a public hearing on November 7, 2023, and following such hearing found this Ordinance to
be in the best interest of the City of Clermont, and recommended that the City Council adopt this
Ordinance; and
WHEREAS, the City Council of the City of Clermont shall amend the Land Development
Code, Chapter 123-Vegetation, Section 123-102-Issuance, Criteria for Tree Removal, Tree
Replacement Standards, making changes to add and clarify language on tree removal and
replacement standards; and
NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of
Clermont, that Chapter 123-Vegetation of the Clermont Code of Ordinances shall be amended to
make changes, as set forth in the following amendments shown in Section 2.
SECTION 1: AUTHORITY
The City Council of the City of Clermont has the authority to adopt this Ordinance pursuant to
Article VIII of the Constitution of the State of Florida and Chapter 163 and 166, Florida Statutes.
SECTION 2:
The Land Development Code of the City of Clermont Code of Ordinances is hereby amended to
read as follows:
Sec. 123-102. - Issuance; criteria for tree removal; tree replacement standards.
(a) Intent. It is the intent of this section to minimize the removal of protected trees and that no
authorization shall be granted to remove a tree if the developer has failed to take reasonable
measures to design and locate the proposed improvements so that the number of protected trees
to be removed is minimized.
(b) General criteria for authorization of tree removal. No authorization for the removal of a
protected tree shall be granted unless the applicant demonstrates one or more of the following
circumstances exist:
(1) A permissible use of the site cannot reasonably be undertaken unless specific trees are
removed or relocated.
INSTRUMENT# 2024003971 OR BOOK 6269/PAGE 347 PAGE 2 of 5
67,
CLE
�e.e J�e;�raiaro �"
CITY OF CLERMONT
ORDINANCE NO.2023-032
(2) The tree is located in such proximity to an existing or proposed structure that the safety,
utility or structural integrity of the structure is materially impaired.
(3) The tree materially interferes with the location, servicing or function of utility lines or
services.
(4) The tree creates a substantial hazard to motor, bicycle or pedestrian traffic by virtue of
physical proximity to traffic or impainnent of vision.
(5) The tree is diseased or weakened by age, abuse, storm or fire and is likely to cause injury
or damage to people, buildings or other improvements.
(6) Established law or regulation requires the removal.
(c) Specific criteria for authorization of tree removal. Pursuant to criteria established in subsection
(b) of this section, a tree removal permit may be issued where one or more of the following
circumstances exist if alternative design or other solutions do not afford indispensable relief
for a proposed use:
(1) Street opening. A permit may be issued if the location of a tree restricts the opening of a
street or road right -of --way.
(2) Utilities and drainage. A permit may be issued if the location of the tree restricts the
function and service of utility lines or drainage facilities.
(3) Property access. A permit may be issued if the location of the tree restricts access to the
property.
(4) Property use. A permit may be issued if the location of the tree restricts use of the
property consistent with all other city, county and state codes, statutes, ordinances and
resolutions, and design modifications are not feasible or reasonable.
(5) Hazards. A permit may be issued if the tree constitutes a hazard to life or property which
cannot be mitigated without removing the tree.
(6) Poor tree health. A permit may be issued if the tree is dying or dead so that its restoration
to sound condition is not practical, or it has a disease which can be expected to be
transmitted to other trees and to endanger their health.
(7) Thinning of trees. In order to increase light and air circulation on heavily wooded parcels,
the selective removal of up to 25 percent of existing trees may be permitted as long as
the minimum tree requirement for the particular land use is maintained.
(d) Replacement requirements. Preferred trees which have been approved for removal shall be
replaced in accordance with the following:
(1) Trees removed pursuant to criteria specified in section (c) of this section shall be replaced
at the expense of the permittee.
(2) For commercial, industrial, residential or other use requiring site plan approval under the
zoning regulations, chapter 125, or the subdivision regulations, chapter 119, for each
inch of tree measured at 4'/z feet above the existing grade removed, an inch of tree at 4'/z
above the existing grade shall be replaced. Replacement trees shall be at least six inches
in caliper for any trees removed that are 18 inches in caliper or greater. Replacement trees
INSTRUMENT# 2024003971 OR BOOK 6269/PAGE 348 PAGE 3 of 5
S,
CITY OF CLERMONT
C ORDINANCE NO.2023-032
for trees removed smaller than 18 inches in caliper shall, at a minimum, meet the
requirements of section 123-42(b)(2).
(3) No replacement shalt be required if the removal of the tree is necessary to construct a
single-family residence, provided the parcel has the minimum number and size of
preferred trees required by this Code.
(4) For each tree removed from a single-family residential lot that is dead, diseased, dying
or in such proximity to an existing structure that the safety, utility or structural integrity
of the structure is materially impaired, a replacement tree shall be planted in conformance
with section 123-42.
(5) A replacement tree may be moved from one location to another on the site or moved off
the site pursuant to criteria specified in subsection (d) (6) of this section.
(6) Replacement trees shall, if practicable, be planted on the development site. If not
practicable, a fee in lieu of replacement trey shall
be paid to the city for purposes of planting trees and landscaoine on public property. For
this purpose. landscaninc will include trees, shrubs. plants and materials needed to secure
the health of the newly planted material. This would include: irritation. mulch. and soil
amendments. The fee in lieu of replacement shall be based on the average retail cost of
purchasing the requisite size and number of replacement trees.
(7) This section shall not pertain to permits for thinning of trees as specified in subsection
(c) (7) of this section.
SECTION 3: CONFLICT
All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are
hereby repealed.
SECTION 4: SEVERABILITY
If any portion of this Ordinance is declared invalid, the invalidated portion shall be severed from
the remainder of the Ordinance, and the remainder of the Ordinance shall continue in full force
and effect as if enacted without the invalidated portion, except in cases where such continued
validity of the remainder would clearly and without doubt contradict or frustrate the intent of the
Ordinance as a whole.
SECTION 5: CODIFICATION
The text of Section 2 of this Ordinance shall be codified as a part of the Clermont City Code. The
codifier is authorized to make editorial changes not effecting the substance of this Ordinance by
the substitution of "Article" for "Ordinance", "Section" for "Paragraph", or otherwise to take such
editorial license.
INSTRUMENT# 2024003971 OR BOOK 6269/PAGE 349 PAGE 4 of 5
CLEn'
CITY OF CLERMONT
ORDINANCE NO.2023-032
SECTION 6: ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR
Regardless of whether such inclusion in the Code as described in Section 5 is accomplished,
sections of the Ordinance may be re -numbered or re -lettered and the correction of typographical
and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or
designee, without need of public hearing, by filing a corrected or re -codified copy of same with
the City Clerk.
SECTION 7: RECORDING
This Ordinance shall be recorded in the Public Records of Lake County, Florida.
SECTION S: PUBLICATION AND EFFECTIVE DATE
This Ordinance shall be published as provided by law and it shall become law and shall take effect
immediately upon its Second Reading and Final Passage.
INSTRUMENT# 2024003971 OR BOOK 6269/PAGE 350 PAGE 5 of 5
dq CITY OF CLERMONT
of!*_w
ORDINANCE NO. 2023-032
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 9th day of January, 2024.
C]TY OF CLERMONT
Tim Y'\m ayor
TracyAckro4y, /MMC
City Clerk
Appro rw-ffbbn land legality:
Daniel F. Mantzaris, City Attorney
di`:
CLE ' M, CITY OF CLERMONT
.da. ORDINANCE NO.2023-032
AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY
COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
AMENDING THE LAND DEVELOPMENT CODE, CHAPTER 123-
VEGETATION, SECTION 123-102-ISSUANCE; CRITERIA FOR TREE
REMOVAL; TREE REPLACEMENT STANDARDS; PROVIDING FOR
CONFLICT, SEVERABILITY, CODIFICATION, THE
ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR,
RECORDING, PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the City of
Clermont Planning and Zoning Commission, acting as the Local Planning Agency of the City, has
held a public hearing on November 7, 2023, and following such hearing found this Ordinance to
be in the best interest of the City of Clermont, and recommended that the City Council adopt this
Ordinance; and
WHEREAS, the City Council of the City of Clermont shall amend the Land Development
Code, Chapter 123-Vegetation, Section 123-102-Issuance, Criteria for Tree Removal, Tree
Replacement Standards, making changes to add and clarify language on tree removal and
replacement standards; and
NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of
Clermont, that Chapter 123-Vegetation of the Clermont Code of Ordinances shall be amended to
make changes, as set forth in the following amendments shown in Section 2.
SECTION 1: AUTHORITY
The City Council of the City of Clermont has the authority to adopt this Ordinance pursuant to
Article VIII of the Constitution of the State of Florida and Chapter 163 and 166, Florida Statutes.
SECTION 2:
The Land Development Code of the City of Clermont Code of Ordinances is hereby amended to
read as follows:
Sec. 123-102. - Issuance; criteria for tree removal; tree replacement standards.
(a) Intent. It is the intent of this section to minimize the removal of protected trees and that no
authorization shall be granted to remove a tree if the developer has failed to take reasonable
measures to design and locate the proposed improvements so that the number of protected trees
to be removed is minimized.
(b) General criteria for authorization of tree removal. No authorization for the removal of a
protected tree shall be granted unless the applicant demonstrates one or more of the following
circumstances exist:
(1) A permissible use of the site cannot reasonably be undertaken unless specific trees are
removed or relocated.
6=
CLER' M, CITY OF CLERMONT
: ORDINANCE NO.2023-032
(2) The tree is located in such proximity to an existing or proposed structure that the safety,
utility or structural integrity of the structure is materially impaired.
(3) The tree materially interferes with the location, servicing or function of utility lines or
services.
(4) The tree creates a substantial hazard to motor, bicycle or pedestrian traffic by virtue of
physical proximity to traffic or impairment of vision.
(5) The tree is diseased or weakened by age, abuse, storm or fire and is likely to cause injury
or damage to people, buildings or other improvements.
(6) Established law or regulation requires the removal.
(c) Specific criteria for authorization of tree removal. Pursuant to criteria established in subsection
(b) of this section, a tree removal permit may be issued where one or more of the following
circumstances exist if alternative design or other solutions do not afford indispensable relief
for a proposed use:
(1) Street opening. A permit may be issued if the location of a tree restricts the opening of a
street or road right-of-way.
(2) Utilities and drainage. A permit may be issued if the location of the tree restricts the
function and service of utility lines or drainage facilities.
(3) Property access. A permit may be issued if the location of the tree restricts access to the
property.
(4) Property use. A permit may be issued if the location of the tree restricts use of the
property consistent with all other city, county and state codes, statutes, ordinances and
resolutions, and design modifications are not feasible or reasonable.
(5) Hazards. A permit may be issued if the tree constitutes a hazard to life or property which
cannot be mitigated without removing the tree.
(6) Poor tree health. A permit may be issued if the tree is dying or dead so that its restoration
to sound condition is not practical, or it has a disease which can be expected to be
transmitted to other trees and to endanger their health.
(7) Thinning of trees. In order to increase light and air circulation on heavily wooded parcels,
the selective removal of up to 25 percent of existing trees may be permitted as long as
the minimum tree requirement for the particular land use is maintained.
(d) Replacement requirements. Preferred trees which have been approved for removal shall be
replaced in accordance with the following:
(1) Trees removed pursuant to criteria specified in section (c) of this section shall be replaced
at the expense of the permittee.
(2) For commercial, industrial, residential or other use requiring site plan approval under the
zoning regulations, chapter 125, or the subdivision regulations, chapter 119, for each
inch of tree measured at 4Y2 feet above the existing grade removed, an inch of tree at 4%z
above the existing grade shall be replaced. Replacement trees shall be at least six inches
in caliper for any trees removed that are 18 inches in caliper or greater. Replacement trees
(5'�.
C E' M CITY OF CLERMONT
d ORDINANCE NO.2023-032
for trees removed smaller than 18 inches in caliper shall, at a minimum, meet the
requirements of section 123-42(b)(2).
(3) No replacement shall be required if the removal of the tree is necessary to construct a
single-family residence, provided the parcel has the minimum number and size of
preferred trees required by this Code.
(4) For each tree removed from a single-family residential lot that is dead, diseased, dying
or in such proximity to an existing structure that the safety, utility or structural integrity
of the structure is materially impaired, a replacement tree shall be planted in conformance
with section 123-42.
(5) A replacement tree may be moved from one location to another on the site or moved off
the site pursuant to criteria specified in subsection (d) (6) of this section.
(6) Replacement trees shall, if practicable, be planted on the development site. If not
practicable, a fee in lieu of replacement ffmy shall
be paid to the city for purposes of planting trees and landscaping on public property. For
this purpose, landscaping will include trees. shrubs, plants and materials needed to secure
the health of the newlv planted material. This would include: irrisation. mulch. and soil
amendments. The fee in lieu of replacement shall be based on the average retail cost of
purchasing the requisite size and number of replacement trees.
(7) This section shall not pertain to permits for thinning of trees as specified in subsection
(c) (7) of this section.
SECTION 3: CONFLICT
All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are
hereby repealed.
SECTION 4: SEVERABILITY
If any portion of this Ordinance is declared invalid, the invalidated portion shall be severed from
the remainder of the Ordinance, and the remainder of the Ordinance shall continue in full force
and effect as if enacted without the invalidated portion, except in cases where such continued
validity of the remainder would clearly and without doubt contradict or frustrate the intent of the
Ordinance as a whole.
SECTION 5: CODIFICATION
The text of Section 2 of this Ordinance shall be codified as a part of the Clermont City Code. The
codifier is authorized to make editorial changes not effecting the substance of this Ordinance by
the substitution of "Article" for "Ordinance", "Section" for "Paragraph", or otherwise to take such
editorial license.
d3
CLERWONT CITY OF CLERMONT
�h. ORDINANCE NO.2023-032
SECTION 6: ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR
Regardless of whether such inclusion in the Code as described in Section 5 is accomplished,
sections of the Ordinance may be re -numbered or re -lettered and the correction of typographical
and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or
designee, without need of public hearing, by filing a corrected or re -codified copy of same with
the City Clerk.
SECTION 7: RECORDING
This Ordinance shall be recorded in the Public Records of Lake County, Florida.
SECTION 8: PUBLICATION AND EFFECTIVE DATE
This Ordinance shall be published as provided by law and it shall become law and shall take effect
immediately upon its Second Reading and Final Passage.
6
CLE • M, CITY OF CLERMONT
add.-. ORDINANCE NO.2023-032
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
F1a on this 9th day of January, 2024.
r'•,' CITY OF CLERMONT
Tim Murry�ayor
ATTEST-. %
Tracy
City Clerk
Appro a and legality:
Daniel F. Mantzaris, City Attorney