O-311-C
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CITY OF Cl.ERMONT
ORDINANCE
No. 311-C
AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES,
CHAPTER 118 VEGETATION, ARTICLE IIN GENERAL, SEC. 118-2 DEFINITIONS;
SEC. 118-3 VARIANCES TO ZONING, SUBDIVISION OR SIGN REGULATIONS FOR
PURPOSES OF TREE PRESERVATION; SEC. 118-6 ADDITIONAL RULES AND
REGULATIONS; ARTICLE II LANDSCAPING, SEC. 118-32 LANDSCAPE PLAN;
SEC. 118-33 IRRIGATION PLAN; SEC. 118-34 INSTALLATION OF LANDSCAPE
MATERIAL; SEC. 118-35 MAINTENANCE OF LANDSCAPING; SEC. 118-36 PLANT
MATERIAL; SEC. 118-37 LANDSCAPE BUFFERS; SEC. 118-38 VEHICULAR USE
AREA INTERIOR LANDSCAPING; ARTICLE III TREES, DIVISION 3 TREE
REMOVAL PERMIT, SEC. 118-113 ISSUANCE; CRITERIA FOR TREE REMOVAL;
TREE REPLACEMENTS STANDARDS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION.
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 August 7,2001 and following such hearing found
this Ordinance to be in the best interests of the City of Clermont, and recommended that
the City Council adopt this Ordinance; and
WHEREAS, the City Council of the City of Clermont desires to amend Chapter
118, of the City of Clermont Code of Ordinances known as the Land Development
Regulations; and
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WHEREAS, the City Council of the City of Clermont finds and determines that
this Ordinance is consistent with and implements the City of Clermont Comprehensive
Plan and that adoption thereof is in the best interest of the City of Clermont.
NOW, THEREFORE, be it enacted by the City Council of the City of Clermont,
Florida as follows:
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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.
The City of Clermont Land Development Regulations are hereby amended to read as
follows:
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SECTION I. The following sections of the City of Clermont Land Development
Regulations, Chapter 118 Vegetation, are hereby amended to read as follows:
Sec. 118-2. Definitions.
The following words, terms and phrases. when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning. In construing the provisions of this chapter, where the context will
permit, the definitions provided in F.S, § 1,01 shall apply.
Administrative official means the city manager or the established designee
thereof.
Berm means a mound of earth, contoured at a three-to-one ratio (horizontal to
vertical) or less, so as to form a definitive amount of relief above the general elevation of
the adjacent ground or surface.
Buffer means a specified land area with a generally level planting surface
together with the planting and landscaping required on the land used to visibly separate
one use from another or to shield or block noise, lights or other potential nuisances,
Caliper. Trunk caliper (trunk diameter) is measured 6 inches from the ground on
trees up to and including 4 inches in caliper, and 12 inches above the ground for larger
trees. Since trunks are seldom round, the average of the largest diameter and that
perpendicular to it is referred to as caliper. A diameter tape shall be used to measure
caliper.
Clearing or removing a tree means the removal of a tree by digging, pushing,
poisoning or cutting, or the effective removal through damage.
Dripline means an imaginary line on the ground defined by vertical lines which
extend from the outermost tips of the tree branches to the ground.
Encroachment means any protrusion of a vehicle outside of a parking space,
display area or accessway into a landscaped area.
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Forest crops means any group of trees that are of proper species and sufficient
density, size and number to make them marketable for sale as wood products (e,g.,
furniture, lumber, paper, chips, pallets, boxes and lighter wood).
Hatracking is to flat-cut the top or sides of a tree, severing the leader or leaders;
to make internodal cuts; to prune a tree by stubbing off mature wood larger than three
inches in diameter, or reducing the total circumference of canopy spread not in
conformance with the current National Arborist Association standards,
In contemplation of. A tree is removed in contemplation of an improvement if the
purpose of the removal is principally to facilitate any improvement of the class
referenced in this land development code, regardless of when or by whom construction
of the improvement is contemplated.
Landscaping consists of any of the following or combinations thereof: materials
such as but not limited to grass, ground covers, shrubs, vines, hedges; and nonliving
durable material commonly used in landscaping, such as but not limited to rocks,
pebbles, sand walls or fences, but not including paving.
Nonpreferred trees means all types of trees set forth in section 118-43,
Park trees means trees, shrubs, bushes and all other woody vegetation in public
parks having individual names, and in all areas owned by the city or to which the public
has free access as a park,
Preferred and replacement trees means all the species of trees set forth in
section 118-41, Preferred tree list. Plant materials used shall equal or exceed the
standards for Florida No. 1 as established and revised by the Florida Department of
Agriculture.
Preferred shrub means all the species of shrubs set forth in section 118-42,
Severely trimmed shall mean the cutting of the branches and/or trunk of a tree in
a manner which will substantially reduce the overall size of the tree area so as to
destroy the existing symmetrical appearance or natural shape of the tree in a manner
which results in the removal of the main lateral branches, leaving the trunk of the tree
with a stub appearance.
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Shrub means a low-growing woody perennial plant differing from a tree by its low
stature and, generally, by its production of several basal stems instead of single bole,
Site review committee means the members of the administrative staff of the city
established for the purpose of providing professional and technical review of
applications and related documentation for development which is proposed to occur
within the city.
Street trees means trees, shrubs, bushes and all other woody vegetation on land
lying between property lines on either side of all streets, avenues or ways within the city,
Topping means undesirable pruning practices resulting in internodal cutting back
of branches with little regard to the natural shape of the tree. See "hatracking".
Tree means any living, woody, self-supporting perennial plant which normally
grows to a minimum height of 15 feet. As used in this land development code, the word
"tree" refers to preferred trees unless an alternative usage is expressly defined and
approved,
Vehicular use areas means and includes any accessways, parking spaces or
areas, paved outdoor sales areas not under roof, and loading and unloading facility
areas.
Vine means a plant with a climbing or creeping stem which usually rests upon or
is attached to a supporting structure and which normally requires support to reach
mature form,
Sec. 118-3. Variances to zoning, subdivision or sign regulations for purpose of
tree preservation.
The preservation of any preferred tree over 24 inches in diameter measured at
four and one-half feet above the existing grade may be considered as the basis for the
granting of a variance from the literal application of the provisions of the city's zoning,
subdivision or sign regulations. If, in the determination of the city manager, the sole
basis for the request for a variance is to preserve such tree, which would otherwise
have to be removed, he may direct the required variance fee to be waived.
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ORDINANCE
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Sec. 118-32. Landscape plan.
A landscape plan showing proposed landscaped areas shall be submitted for
review and approval by the city. All landscape plans submitted for approval shall be
signed and sealed by a registered landscape architect, unless otherwise determined by
the Site Review Committee. Such plan shall be required for all new development, and,
if required, with the application for a building permit for rehabilitation or renovation
projects. Landscape plans shall include and indicate the following:
(1) Dimensions and location of the property,
(2) Location of all structures, freestanding signs, parking areas, drives,
vehicular use areas and other improvements proposed for the property.
(3) Location of overhead power lines and adjacent streets or rights-of-way.
(4) Location, type and size of all existing trees to be preserved, and those to
be removed or'replaced, and new trees to be planted.
(5) Location, type, quantity and specifications of all proposed landscape
materials,
(6) Location and type of existing vegetative communities to remain
undisturbed.
(7) General notes, including planting details, mulching requirements,
installation instructions and other such information as needed.
(8) Calculations that demonstrate compliance with provisions of this land
development code. Calculations shall include landscaping required by
code and landscaping provided per the site plan. This shall include
required buffers, vehicular use landscaping and screening, supplemental
landscaping and other information as necessary.
Sec. 118-33. Irrigation.
Irrigation system required, All required landscaping must be served with a low
volume, permanent irrigation system, including the side slopes of water retention areas,
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An irrigation plan shall be submitted for review and approval by the city in all instances
where a separate landscape plan is required. Such plan shall indicate use of state-
mandated backflow and rain sensor equipment and a low-volume irrigation system
designed specifically for the proposed landscape installation, shall delineate irrigation
zones if proposed, and shall clearly illustrate compliance with the required building plan
and site approval process.
Maintenance. The property owner, tenant and any agent of an owner or tenant, shall be
jointly and severally responsible for the proper maintenance of irrigation systems.
Irrigation systems installed to meet the requirements of this code shall be maintained in
proper operating condition at all times.
Sec. 118-34. Installation of landscape material.
Installation of landscape material shall strictly be in accordance with the
approved landscape plan. Any request for substitution or relocation of materials shall be
submitted in writing, along with a revised plan, to the department of planning and zoning
for approval. All landscaping shall be installed in a sound workmanship-like manner and
in accordance with recognized and accepted good planting procedures. Installation shall
mean survival and replacement, if necessary, of all materials. The administrative official
or his established designee shall inspect all landscaping, and no certificate of
occupancy or similar authorization shall be issued unless the landscaping meets the
requirements provided in this article.
Sec. 118-35. Maintenance and pruning.
Maintenance, The owner, tenant and their agent, if any, shall be jointly and severally
responsible for the maintenance of all landscaping, which shall be maintained in good
condition so as to present a healthy, neat and orderly appearance and shall be kept free
from refuse and debris.
Replacement. All unhealthy and dead plant material shall be replaced within thirty (30)
days in conformance with the approved site/landscaping plan for the property or in
conformance with the provisions of this Chapter if an approved plan is not on file with
the City, The size of replacement trees shall be as specified in section 118-113( d)(2).
Pruning. Vegetation and trees required by this code shall only be pruned to maintain
health and vigor. Pruning shall be in accordance with "Standard Practice for Trees,
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Shrubs and Other Woody Plant Maintenance ANSI 300" of the National Arborist
Association. Trees shall not be severely pruned in order to permanently maintain
growth at a reduced height or spread. A trees natural growth habit shall be considered
in advance of conflicts which might arise (Le, view, signage, lighting and similar
conflicts). Excessive pruning (hatracking, topping, etc.) shall be considered tree abuse
and a violation of this Code.
Violations. A person who violates any provision of this article, and fails to correct the
violation as provided herein, may be subject to penalties pursuant to the City of
Clermont Code of Ordinances. Tree abuse offenses shall be considered a separate
offense for each tree damaged or destroyed contrary to the provisions of this article,
Sec. 118-36. Plant material.
(a) Quality. Plant materials used in conformance with provisions of this chapter shall
meet specifications of Florida No, 1 grade or better, according to the current
edition of Grades and Standards for Nursery Plants of the state department of
agriculture.
(b) Trees.
(1) Trees shall be species having an average mature spread of crown of greater
than 15 feet and having trunks which can be maintained in clean condition
over five feet of clear wood, Trees having an average mature spread of crown
less than 15 feet may be substituted by grouping the trees so as to create the
equivalent of 15 feet of crown spread.
(2) Tree species shall be a minimum of four (4) inches in caliper and be a
minimum of ten feet in overall height immediately after planting and shall
meet the standards as specified in section 118-2. The location of trees of any
species known to have a root system capable of causing damage to
roadways or utilities shall require staff approval.
(c) Shrubs. Shrubs shall be a minimum of two feet in height and 30 inches on center
when measured immediately after planting,
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(d) Hedges. Hedges, where required, shall be planted and maintained so as to form
a continuous, unbroken, solid visual screen within a maximum of two years from
the time of planting.
(e) Vines. Vines shall be a minimum of 30 inches in height immediately after planting
and may be used in conjunction with fences, screens or walls to meet physical
requirements as specified,
(f) Ground covers. Ground covers used in lieu of grass in whole or in part shall be
planted in such manner as to present a finished appearance and provide
reasonably complete coverage within twelve months after planting.
(g) Lawn grass. Grass areas may be sodded, plugged, sprigged or, in certain
instances where large acreage development occurs, hydroseeded. Solid sod or
other approved ground cover shall be required on all platted lots one-quarter acre
or less, in all rights-of-way, stormwater retention areas and swales, and on areas
where relief indicates the property may be subject to erosion, On lots one-quarter
acre or greater, at least one-quarter acre of the parcel shall be sodded or
covered with an approved ground cover. Areas proposed for hydroseeding shall
be approved by the administrative official or the established designee thereof.
Sec. 118-37. Landscape buffers.
(a) Generally. Landscape buffers shall be established and maintained in accordance
with this section.
(b) Applicability of requirements. One or more of the provisions of this section may
be applicable to a specific use. In such case, the most stringent requirement shall
apply.
(c) Buffer yards between differing land uses.
(1) Landscape buffer yards shall be developed between differing land uses
based on this section. These requirements shall be deemed the minimum
necessary to achieve compatibility between land uses. Buffer yards shall be
developed by the more intense use based on existing contiguous land
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ORDINANCE
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uses; zoning district designation or land use plan designation, whichever is more
intense.
(2) Whenever a commercial or industrial use is developed and abuts a
residential use or zoning district, the commercial or industrial use shall
provide the appropriate buffer between the two uses.
(3) Whenever a multifamily use is developed and abuts a single-family or two-
family use or zoning district, the multifamily use shall provide the
appropriate buffer between the two uses.
(4) Notwithstanding subsections (2) and (3) of this subsection, if a single-
family or two-family use is developed adjacent to an existing, vested
nonresidential use or multifamily use, the provisions of this section shall
not be considered applicable.
(d) Perimeter landscape buffers between abutting properties.
(1) Minimum width. A minimum ten foot wide landscape buffer shall be
provided between abutting property boundaries. Said buffer shall be
measured perpendicular to the abutting property boundary and shall
consist of level flat ground.
(2) Length. The required landscape buffer shall extend along the entire length
of the property boundary.
(3) PJantings. The landscape buffer shall be planted with three (3) trees per
100 lineal feet or fractional part thereof; two of which shall be canopy
trees. Shrubs shall form a continuous 3 foot high landscape screen
adjoining driveways and parking areas. If industrial, commercial or
multifamily is adjacent to a lesser zoning, the buffer shall be planted with
shrubs, extending the entire length of the perimeter, in such a manner as
to provide opaque screening and shall be properly maintained at a
minimum height of six (6) feet. The height of six feet shall normally be
reached within two years from planting. Landscaped buffers within 15 feet
of the curb or points of ingress or egress shall not exceed three (3) feet in
height.
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ORDINANCE
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(e) Buffers adjacent to rights-of-way for nonresidential uses.
(1) Minimum width. A minimum 20 foot wide landscape buffer shall be
required along arterial and collector roads, and a minimum 15 foot wide
buffer shall be required along local streets, Said landscape buffer shall
consist of level flat ground with the exception of those provided along
arterial and collector roads which shall include a berm that maintains a
height of at least 2 foot for at least 40% of the overall length. Side slopes
of the berm shall be no greater than 3:1. The requirement for a berm may
be waived if it is determined by the Site Review Committee that the
topography of the site is such that the provision of a berm would be
ineffective.
(2) Length. The required landscape buffer shall extend the entire length of
the property frontage adjacent to the right-of-way.
(3) Plantings. The required landscape buffer shall be planted with 3 canopy
trees and 5 understory trees per 100 lineal feet or fractional part thereof.
Shrubs and groundcovers, excluding lawn grass, shall comprise at least
50% of the required buffer area, and shall form a continuous 3 foot high
landscape screen adjoining driveways and parking areas.
(f) Buffers along rights-of-way for residential subdivisions and multifamily
developments, Within single family and multifamily residential
developments, a buffer shall be provided along the external roadways to
reduce noise generated by traffic and create a visual barrier. Plant and/or
structural materials shall be properly installed and maintained in
perpetuity. All such buffers shall be in a landscape tract that is maintained
by a homeowners association. Buffers shall conform to either one of the
following specifications:
(1) A buffer a minimum of fifteen (15) feet wide with a brick, stone or masonry
block wall, trees and shrubs. Wall height shall be as allowed in Section
122-343(c)(1) of this code. One (1) shrub shall be required for every five
(5) lineal feet of wall. Shrubs may be clustered in groups of no less than
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ORDINANCE
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five (5) each, with groups being spaced no further than 50 feet apart. Two
(2) canopy trees shall be required for every 100 linear feet of wall, or
fractional part thereof.
(2) A buffer a minimum of twenty-five (25) feet in width, consisting of an
earthen berm, trees and a continuous hedge. Earthen berms shall be a
minimum of three (3) feet in height unless otherwise determined by the
Site Review Committee. The combined height of the berm and shrubs
shall be a minimum of six (6) feet. The height of six (6) feet shall normally
be reached within one year from planting, Three (3) canopy tree and five
(5) understory trees shall be planted for each 100 lineal feet of frontage or
fractional part thereof. All plant materials utilized shall conform to the
plant material specifications of this chapter; or
(g) Miscellaneous provisions.
(1) All property other than the required landscaped buffer lying
between the right-of-way and the buffer shall be landscaped with at
least lawn grass, as described in section 118-36(g), or other ground
cover pursuant to an approved site plan.
(2) Commercial or industrial loading platforms and storage areas must
also provide buffers to conceal the view of such structures from
public streets or public view. Only the opaque shrubbery
requirements specified in this subsection are applicable to such
uses.
(3) The provisions of this subsection may not be applicable in the
following situations:
a, When a property line abuts a dedicated alley, this subsection
may not be applicable,
b, Where a proposed buffer abuts an existing hedge, wall or other
durable landscape barrier on an adjacent property only the tree
provision is required in the buffer area.
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(h) Alteration of landscape Buffers
(1) The required buffer may only be altered for the following purposes:
a. Construction of accessways as necessary and in compliance with
an approved development plan.
b. Installation of stormwater, drainage or utility improvements as
necessary and in compliance with an approved development plan.
c. Selective clearing for visibility of freestanding signs in compliance
with an approved development plan,
d. The regular pruning of trees to provide clear trunk and visibility
between three and 15 feet above grade. Such pruning shall only be
permitted for trees with height and maturity necessary to
reasonably accommodate such activity.
e. The regular removal of dead materials and debris.
f. Installation of additional landscape materials in compliance with an
approved development plan.
Sec. 118-38. Vehicular use area interior landscaping.
(a) Applicability of requirements, The landscape materials required in this section are
in addition to any landscape materials which may otherwise be required in this
chapter, except as stated in this section. Parking lot landscaping may encroach
into required buffers; however, landscaping required by this section may not be
substituted in lieu of any required buffer or other landscaping except as stated in
this section,
(b) General standards.
(1) Landscaped green areas, not including buffers between abutting properties
and buffers along rights-of-way, shall comprise an area equal to 10% of the
paved parking area within the project site including driveways and drive
aisles. In areas zoned for industrial uses, this requirement shall be reduced
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ORDINANCE
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by 50 percent. Developers shall be required to provide a diagram
indicating the base area, the internal landscaping, and the necessary
calculations to verify that this requirement has been satisfied,
(2) A maximum of ten continuous parking spaces are permitted without a
landscape break. Each separate landscaped area shall contain a
minimum of 300 square feet and shall include at least one canopy tree
having a clear trunk of at least five feet with the remaining area
landscaped with shrubs, ground cover or other authorized landscaping
material not to exceed three feet in height. The total number of trees shall
not be less than one for each 200 square feet of required interior
landscaped area or fraction thereof. Such landscaped areas shall be
located in such a manner as to divide and break up the expanse of paving.
(c) Design of landscaped areas.
(1) Terminal islands. Each row of parking spaces shall be terminated by
landscaped islands to separate parking from adjacent drive aisles. The
landscaped islands shall measure not less than ten feet in width and not
less than twenty feet in length with a total area of not less than 300 square
feet.
(2) Interior islands. Interior islands shall be provided to satisfy internal
landscaping requirements, Interior islands shall be a minimum of ten feet
in width and twenty feet in length, not including curb, with a total area of
not less than 300 square feet.
(3) Divider medians. Landscaped divider medians may be used to meet
interior landscape requirements. A divider median is a continual
landscaped island located between lineal rows of parking which face head
to head. The minimum width of a divider median shall be eight feet. One
canopy tree shall be provided per 50 lineal feet of median,
(4) Islands at "T" intersections. Landscaped interior islands shall be required
at all "T" intersections which are considered major traffic points, Such
islands shall be a minimum of 20 feet in width.
(d) Protection of landscaped areas.
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(1) Curbing. Terminal islands, interior islands and other landscaped areas
adjacent to driveways or susceptible to vehicular turning movements shall be
separated from vehicular use by nonmountable reinforced concrete curbing of
a type approved by the city. Curbed landscaped areas shall be backfilled to a
height of four inches below the back of the curb, except where such backfill
would impact an existing tree. Unreinforced extruded curbing shall be
prohibited. The width of the curbing shall be excluded from the calculation of
the minimum dimensions of all required landscaped areas.
(2) Wheel stops, All landscaped areas adjacent to off-street parking areas
shall be protected from encroachment or intrusion of vehicles through the
use of wheel stops, Wheel stops shall have a minimum height of six
inches above finished grade of the parking area and the front side (wheel
side) of the wheel stop is installed two (2) feet from the front end of the
parking space to prevent encroachment into required landscaped areas,
Wheel stops shall be properly anchored and maintained in good condition,
Sec. 118-113. 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.
(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.
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(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
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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 122) or the subdivision regulations
(Chapter 110), for each inch of tree measured at four and one-half feet above
the existing grade removed, an inch of tree at four and one-half feet 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 for trees removed smaller than 18 inches in
caliper shall at a minimum meet the requirements of subsection 118-36(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 118-36.
(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, replacement trees may be donated, or a fee in lieu of
replacement may be paid to the city for purposes of planting trees on public
property. The fee in lieu of replacement shall be based on the average retail
cost of purchasing the requisite size and number of replacement trees.
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(7) This section shall not pertain to permits for thinning of trees as specified in
subsection (c)(7) of this section.
SECTION II
All other conditions shall remain in full force and effect.
SECTION III.
All Ordinances or parts of this Ordinance in conflict herewith are hereby
repealed.
SECTION IV.
Should any section or part of this section be declared invalid by any court of
competent jurisdiction, such adjudication's shall not apply to or affect any other
provision of this Ordinance, except to the extent that the entire section or part of the
section may be inseparable in meaning and effect from the section to which such
holding shall apply.
SECTION V.
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.
First Reading on the 28th day of August 2001.
Second Reading on the 13th day of November 2001.
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA THIS 13th DAY OF NOVEMBER 2001.
CITY OF CLERMONT
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""I'fÄROLD S, TURVILLE, JR. Mayor