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Home My WebLink About776-01 Establish Tree Ordinance ORDINANCE NO.: 776-01 7 6-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA, ESTABLISHING A TREE ORDINANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR THE CREATION AND ESTABLISHMENT OF A CITY TREE BOARD, TERMS OF OFFICE, DUTIES AND RESPONSIBILITIES; PROVIDING A LIST OF DESIRED TREES; PROVIDING FOR THE PLANTING AND MAINTENANCE THERETO; PROVIDING FOR PENALTIES; AND PROVIDING FOR AN EFFECTIVE DATE. i- , ri ra c tt0:y tt S 4: ' . NOW THEREFORE, be it ordained by the City Council of the City of Zephyrhills, Florida, sitting in emergency session, that: SECTION 1. Definitions: a. Street Trees: "Street Trees" are herein defined as trees, shrubs, bushes and all other woody vegetation on publicly owned right of ways, medians or areas designated as publicly owned property. b. Park Trees: "Park Trees" are herein defined as trees, shrubs, bushes and all other woody vegetation in public parks, municipal cemetery and any other designated publicly owned area. c. Tree Management Plan: "Tree-Management Plan" is herein defined as an official City document reflecting an inventory of trees located on public property and City right-of-ways. SECTION 2. Creation and Establishment of a City Tree Board: There is hereby created and established a city tree board for the City of Zephyrhills, Zephyrhills, Florida. This board shall consist of the following five (5) city staff members and one (1) private citizen appointed by the City Tree Board: Public Works Director Streets Supervisor Parks and Facilities Manager Building Official Director of Development Private Citizen SECTION3. Term of office: In the event that a Tree Board member vacancy shall occur during the term of any member, his or her successor shall be appointed for the remainder of the term. The term of office shall be incident to the City staff position and shall be for two (2)years for a private citizen. Record and Return to: City Clerk's Office 5335 8th Street Zephyrhills, FL 33540 Jfl jxi"ye"i: !v., C ) ) In the event that a vacancy should occur for the private citizen during his or her term, then a successor shall be appointed for the remainder of the term. SECTION 4. Duties and responsibilities: It shall be the responsibility of the board administer and update the Tree Management Plan for the care, preservation, pruning, planting, re-planting, removal or disposition of trees and shrubs in parks, along right of ways and in any other designated publicly owned areas. Such plan will be presented to the City Council and upon their acceptance and approval shall constitute the official comprehensive Tree Management Plan for the City of Zephyrhills, Zephyrhills, Florida. The board, when requested by the City Council, shall consider, investigate, make findings, report and recommend upon any special matter of question coming within the scope of its work. SECTIONS. Operation of the Board: The board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. SECTION 6. List of desired street trees: The following list constitutes the official street tree species for the City of Zephyrhills, Zephyrhills, Florida. No species other than those included in this list may be planted as street trees without written permission of the tree board. Trees: Palm Trees: Bald Cypress Cabbage Palm Bottle Brush Canary Island Date Palm Crape Myrtle Pindo Palm Cherry Laurel Washington Palm Dahoon Holly Dogwood Drake Elm East Palakta Holly Ligustrum Live Oak Red Bud Sweet Gum Sycamore SECTION 7. Non-Native undesirable species: The following list constitutes Non--Native varieties or species that have been determined to be of nuisance or un- beneficial to the surrounding native plant habitat: Brazilian Pepper China Berry Carnal Eucalyptus Chinese Tallow Melaleuca/Punk Tree Wild Cherry Australian Pine Mulberry Ear Tree Silk Oak SECTION 8. Tree Spacing: The proper spacing of street trees will be as follows: 2 Small Trees: (Mature height up to 20'feet) 30' feet on center Medium Trees: (Mature height 20'to 60' feet) 40' feet on center Large Trees: (Mature height 60'to 100' feet) 50' feet on center Exemptions to this spacing policy may be considered if approved by the Public Works Director. SECTION 9. Distance from curb and sidewalk: The distance Trees may be planted from any curb or sidewalk will be as follows, Tree sizes will be in accordance with Section 8 of this document. Actual measurement should be from the curb or sidewalk to the side of the tree trunk facing the curb or sidewalk. The mature diameter of the tree to be planted, should always be considered before planting near any structure. Small Trees: 3' from curb or sidewalk Medium Trees: 4' from curb or sidewalk Large Trees: 5' from curb or sidewalk SECTION 10. Distance from street corners and fire hydrants: No Street Trees shall be planted any closer than 30' feet of any street corner, measured from the point of nearest intersecting curbs or curb lines. No street tree shall be planted any closer than 10' feet of any fire hydrant.No trees shall be planted any closer than 20' feet of any driveway. All street tree plantings shall meet the minimum requirements for the visibility sight triangle. All street trees must have a minimum crown height of 5' feet to allow proper visibility. SECTION 11. Utilities: No Trees shall be planted under any overhead utilities or within 5 lateral feet of any underground power line, water line, sewer line, gas line or any other type of underground or overhead utility. SECTION 12. Spraying: No person except an employee of the city shall spray, fertilize, or broadcast any type of Pesticide, Herbicide, or Insecticide in any Park or Right of Way. SECTION 13. Tree Injury: No person shall place a rope, cable, wire, sign, nails, spike or staples to any tree growing in any City Park or Right of Way or damage a tree in any manner. SECTION 14. Interference with Pruning: No person shall hinder, delay or interfere with any city staff or contractors appointed by the city in the pruning, planting, spraying or removal of any tree in any City Park, Right,of Way or publicly owned property. SECTION 15. Public Tree Care: The city shall have the right to plant, prune, maintain or remove any trees, plants or shrubs within the lines of all streets, alleys, avenues, lanes, squares, parks, municipal cemeteries,, and any other publicly owned property. The City shall insure public safety, preservation, enhancement, symmetry and beauty of such public grounds. The City may remove any tree, plant or shrub which is in an unsafe condition or which by reason of its nature is injurious to sewer lines, water 3 I i . .w�' 'r..`v,. FL. t34 ti4 lines, power lines, gas lines or any other utility or any other improvements, or is affected with any injurious fungus, insect or any other pest. SECTION 16. Tree topping: It shall be unlawful as a normal practice for any person, firm, contractor or City Department to top any street tree, park tree or any other tree on publicly owned property. Topping is defined as the severe cutting back of limbs to stubs larger than 3" inches in diameter within the trees crown to such a degree so as to remove the natural canopy and disfigure the tree. Trees that are severely damaged by storms, lightning, disease or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempt from this ordinance at the discretion of the Public Works Director. SECTION 17. Street lighting and corner clearance: The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of street lighting along any street or intersection to insure public safety. Any interference with the visibility of any traffic control device, sign, intersection or driveway must be maintained at all times. Corner clearances must be maintained to insure the proper vehicle height and width clearance requirements. SECTION 18. Diseased or dead trees on private property: The City of Zephyrhills is not responsible for trees on private property. The City shall have the right to cause the removal of any diseased or dead trees on private property within the city, when such trees constitute a hazard to life, safety and property. Any such trees that harbor insects or disease which constitute a potential threat to other trees within the city. The city code enforcement director will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of the failure of owners to comply with such provisions, the city shall issue a citation for non-compliance and have the said owners appear before the City Code Enforcement Board. SECTION 19. Emergencies: In case of emergencies, such as hurricane, lightning, windstorm or any other natural disasters, the requirements of this ordinance may be waived by the city manager upon_such a finding that waiver is deemed necessary. This waiver will insure that public safety, order and transportation are restored in a timely manner. SECTION 20. Tree preservation and reforestation standards: Tree protection, preservation and replacement shall be in accordance with the City of Zephyrhills, Land Development Code, sections 4341 —4344. SECTION 21. Tree Removal: Authorization shall need to be received from the City of Zephyrhills prior to conducting tree removal of trees listed in Section 6 of this ordinance. Removal of trees listed in Section 7 shall not require city approval. SECTION 22. Penalty: Any person violating any provision of this ordinance shall be, upon conviction or a plea of guilty, subject to a fine not to exceed $500.00. 4 SECTION23. Severability: It is declared to be the intent of the City Council of the City of Zephyrhills, that if any section, subsection, sentence, clause or provision of this ordinance shall be declared invalid, the remainder of the ordinance shall be construed as not having contained said section, subsection, sentence, clause or provision, and shall not be affected by such holding. SECTION 24. Effective Date: This Ordinance shall become effective immediately upon its passage. The foregoing Ordinance No. 77(-°1 was read and passed on its first reading by the City .,Council cif the City of Zephyrhills, Florida, on this day of 7 . , A. , 2001. CLJIiE C. BRACKNELL A Pr ident of City Council ATTEST::-= J _ - -CitççlerkL1NA D. BOAN - L ' The foregoing Ordinance No. 77 1 was.read and passed on its second reading by the City Council of the City of Zephyrhills, Florida, on this day of A.D., 2001. Cdr i / /1 1.w3 . `'ti C DE C. BRACKNELL • - :. - - President of City Council ATTE, T: . ;ity Clerk, L N A D. BOAN L, V The foregoing Ordinance No.- 7(-°1was approved by me this c4 day of A.D., 2001. A. ROY URN'SIDE, Mayor u .- ,