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Home My WebLink About4104 ORDINANCE 2008-4104 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, REPEALING AND RE-ENACTING SPECIFICALLY SECTION 5.4 OF SCHEDULE J OF THE CITY OF SANFORD CODE/LAND DEVELOPMENT REGULATIONS RELATING TO TREE PRESERVATION DURING DEVELOPMENT AND CONSTRUCTION; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR PROTECTIVE BARRIERS; PROVIDING FOR REGULATIONS PERTAINING TO UTILITY COMPANIES; PROVIDING FOR SPECIFIC REQUIREMENTS; PROVIDING FOR COMPOSITE EXHIBIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD: Section 1. Repeal of Section 5.4 of Schedule J. Section 5.4 of Schedule J of the Land Development Regulations of the City of Sanford is hereby repealed. Section 2. Reenactment of Section 5.4 of Schedule J. The new Section 5.4 of Schedule J of the Land Development Regulations of the City of Sanford as set forth in Composite Exhibit (pages J-20 through J-22, inclusive) to this Ordinance is hereby enacted and the said Composite Exhibit with attachment is hereby incorporated into the text of this Ordinance as if fully set forth herein verbatim for all references to Section 5.4 as reenacted. Section 3. Purpose and Intent. Valuable trees intended for retention as site beautification and related public benefits are often destroyed or damaged during construction. Protective barriers and regulations pertaining to removal and maintenance of tress during development and construction and removal and maintenance by Utility Companies will protect valuable trees from such damage or destruction. The City of Sanford is committed to the preservation of trees as a valuable asset to the City and its citizenry. Section 4. Severability. If any section or portion of a section of this Ordinance proves to be invalid, unlawful or unconstitutional it shall not be held to impair the validity, force or effect or any other section or part of a section of this Ordinance. Section 5. Conflicts. All ordinances or sections of ordinances in conflict herewith be and the same are hereby repealed. Section 6. Codification. It is the intention of the City Commission of the City of Sanford, Florida, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sanford, Florida; that the Section 5.4 as identified in of this Ordinance may be renumbered or re-Iettered to accomplish such intention; that the word, "Ordinance," may be changed to "Section," "Article," or other appropriate word. Section 7. Effective Date. Except as otherwise provided herein, this Ordinance shall become effective immediately upon its passage and adoption. Passed and Adopted this 23rd day of June, 2008. Attest: City of Commission of the City of Sanford, Florida 9f#:d1( ,;(Qu~ "'- Lind~n, M~. - JanetR.Dougherty, ~Cle~n APPROVED AS TO FORM AND LEGALITY. /s/ William L. Colbert William L. Colbert, City Attorney Ordinance No. 2008-4104 Page 2 of 3 . CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No., PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the 23rd day of June, 2008, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 25th day of June, 2008. ~df, ,~wdv J net R. Dougherty, Ci Clerk 1/ City of Sanford, Florida Ordinance No. 2008-4104 Page 3 of 3 . '" LAND DEVELOPMENT REGULATIONS SCHEDULE J SECTION 5.4 TREE PRESERVATION DURING DEVELOPMENT AND CONSTRUCTION A. Protective Barriers. During construction, protective barriers shall be placed, as necessary, and/or as directed by the Administrative Official to prevent the destruction or damaging of trees. Trees destroyed or receiving major damage must be replaced before occupancy or use unless approval for their removal has been granted under the provisions of this article. All trees not designated for removal may be required to be protected by barrier zones erected prior to construction of any structures, roads, utility service, or other improvements, and may be required to comply with the following if determined to be necessary by the Administrative Official. -h Protecti'.'e posts, tVIO (2) inches by four (1) inches or larger '.vooden post, two (2) inches outer diameter or larger gal'lanized pipe, or other post material of equivalent size and strength shall be implanted deep enough in the ground to be stable and with at least three (3) feet of the post visible above the ground. L The protective barrier shall be constructed to the following standards: a. The protective barrier shall be constructed outside the drip line of the tree (See figure A). b. The protective barrier shall be a minimum of three (3) feet high. c. Protective barrier posts shall be two (2) inches by four (4) inches or larger and shall be no more then six (6) feet apart. d. The barrier shall have two (2) - one (1) by four (4) inch horizontal railings affixed securely to the posts. e. The entire protective zone shall be wrapped in orange safety fencing material. a minimum of three (3) feet in height. f The protective barriers shall be inspected by the Department prior to the commencement of construction. COMPOSITE EXHIBIT "A" Page J-20 . , ,;r- 2 horizontal 1 x4 / rails. /.r orang_ protective <t temperery fencing "E_ 2x4 post, max. 6 feet M , , o.c. :: rrex 6 feet I, I, " O.c. I, t I Figure A 2. Posts shall be placed at points not closer than the drip line of the protected tree, '.'lith the posts being not further than six (6) feet apart, except that access may be allowed ',vithin this line as specified on site layouts, provided it is approved in advance by the .^...dministrative Official but in no case, shall access be permitted closer than fi'le (5) feet to the trunk. 3. .'\ll protective posts shall be linked together (fencing at least three (3) feet high, two (2) courses of rope not less than one half 0-'2) inch in diameter or a chain of comparable size, or other material of equivalent visibility). Each section shall be clearly flagged with yellow plastic tapes or other markers. ~2. No grade changes shall be made within the protective barrier zones without prior approval of the Administrative Official. Where roots greater than one (1) inch diameter are exposed, they shall be cut cleanly. 4-:~ Protective barrier zones shall remain in place and intact until such time as landscape operations begin or construction is complete, whichever occurs first. M. The Administrative Official may conduct periodic inspections of the site before work begins and during clearing, construction and post-construction phases of development in order to insure compliance with these land development regulations and the intent of this Chapter. COMPOSITE EXHIBIT "A" Page J-21 . . , - ~5. No building materials, machinery or temporary soil deposits shall be placed within protective barrier zones defined in Subsection 5.4A above. 1-:6. No attachments or wires other than those of a protective or nondamaging nature shall be attached to any tree. B. Regulations Pertaining to Utility Companies. Whenever any electric, water, telephone or other public utility firm or corporation wishes to extend, maintain or relocate service such that any tree on an unimproved lot or tract will be removed, they shall make application for a permit to do so. Any public utility wishing to prune trees on a right-of- way shall notify the Administrative Official in writing in advance of the time and place those pruning activities will take place. The Administrative Official shall supervise these activities as necessary and shall have the authority to regulate or halt such pruning when these actions are deemed detrimental to the trees or beyond that needed to insure continued utility service. COMPOSITE EXHIBIT "A" Page J-22