§ 23-302. Land preparation.  

Latest version.
  • See sections 23-212, 23-215, and 23-217 for permit requirements. Preparation of land for construction or paving and any alteration of land shall be subject to the restrictions of the subsections herein and any conditions required per a site development permit pursuant to section 23-217.

    Sec. 23-302.1 Clearing of vegetation. Prior to the clearing of vegetation or the grubbing of land, all trees as defined in section 23-214 which have not been approved for removal shall be barricaded and protected as required in section 23-302.3. Immediately following vegetation removal, existing slopes greater than 3 to 1 [3:1] shall be protected from erosion as required by section 23-302.4. Open burning shall meet all applicable government regulations and, in accordance with section 10-8 of the Lake Wales Code of Ordinances, shall require issuance of a permit by the fire chief.

    Sec. 23-302.2 Tree removal.

    a. Tree removal permit. See subsection 23-214 for permit requirements. Tree removal or relocation permit applications shall be governed by the following criteria:

    1. The condition of the tree or trees with respect to disease, age and expected life span, danger of falling, proximity to existing or proposed structures, and interference with utility services. For each condition, the administrative official may require a finding by a certified arborist, county forestry officials, city building inspectors, and public utility officials to provide supporting documentation for review.

    2. The necessity of removing trees in order to develop the site in accordance with an approved preliminary plan.

    3. Topography of the land and the effect of tree removal on erosion, soil retention and diversion or increased flow of surface waters. The administrative official may require coordination with the director of public works' drainage plans and recommendations on drainage patterns.

    4. The number of trees existing in the neighborhood on improved property. Review shall be guided by the standards established in the neighboring areas and the effect of tree removal upon property values in the area.

    b. Tree replacement. In all cases, relocation or replacement shall be in accordance with Table 23-302A for species size and number of replacements required for each tree removal. In no case shall the approved replacement be less than one for one with the replacement trees being those which have a two-inch trunk diameter at four and one-half (4½) feet above the ground and a minimum canopy spread of six (6) feet.

    Except for trees removed for the construction of buildings, retention areas, play courts, play fields, and other facilities, tree replacement requirements shall not apply where trees are removed selectively in accordance with a plan for landscaping parks and common open space areas as required per section 23-310.

    TABLE 23-302A

    TO BE
    Live Oak 4"—8" Live Oak 2/1 2"
    Significant Live Oak 8"—16" Live Oak 3/1 2"
    above 16" Live Oak 4/1 2"
    All other significant trees 8"—16" same as removed 2/1 2"
    Live Oak 1/1 2"
    above 16" same as removed 3/1 2"
    Live Oak 2/1 2"
    All non-significant trees 4"—8" same as removed 1/1 2"
    Significant Stand of Live Oaks see definition Live Oak landscaped area equal to ½ the area of the stand removed


    SIGNIFICANT SPECIES OF TREE—Any tree not specifically exempted from permit requirements by subsection 23-214 of these land development regulations and having a diameter of eight (8) inches or greater.

    SIGNIFICANT STAND OF OAK TREES—Any stand of oak trees whose trunk diameters may be less than four (4) inches encompassing a compact stand or grove covering fifty (50) or more square feet.

    For SINGLE-FAMILY LOTS where it can be determined by the administrative official that planting of replacement trees would hinder the growth of remaining trees or where three (3) or more significant trees are to remain on the property following the removal of the applicant tree, the replacement requirement may be waived or reduced.

    1. With the approval of the administrative official, the applicant may elect to place the required replacement trees in a public open space selected by the city rather than on his own property in order to supplement or renourish the existing tree population. The administrative official shall specify the size and species of the replacement trees, not to exceed the minimum size requirements as stated in paragraph (b).

    2. In lieu of planting required replacement trees, the applicant may elect to make payment to the city's tree replacement fund. (See Table 23-242 "Land Use Applications—Required Fees" under 23-214 "Tree removal permit".) Funds in the tree replacement fund shall be reserved for planting plans for public parks and streetscapes, including tree inventories, assessments and planting plans; and for the purchase, planting, and maintenance of trees and shrubs in public parks and streetscapes. Expenditures from the fund shall be in accordance with a plan approved by the city commission.

    c. Failure to obtain tree removal permit. Any tree removed without a tree removal permit as required by section 23-214 shall subject the violator to a fine according to Table 302B, and replacement according to Table 302A. All fines collected shall be deposited in an account established to fund the planting of trees in public open spaces.

    TABLE 23-302B

    Live Oak—Significant $2,500.00
    Live Oak—Non-significant 500.00
    All Other Trees—Significant 1,500.00
    All Other Trees—Non-significant 250.00


    Sec. 23-302.3 Construction barricades. Prior to commencement of site development, including any clearing or grading, protective barricades must be placed and maintained around all trees that are required to have a tree removal permit in accordance with section 23-214 unless removal of the tree has been approved under the requirements of section 23-302.2. The barricades shall remain in place until a certificate of use is issued or removal is approved by the administrative official.

    a. The following activities are specifically prohibited within the barricaded area:

    1. Vehicular traffic or parking.

    2. Pedestrian traffic.

    3. Storage of construction materials.

    4. Placement of excavated materials.

    5. Any activities that may disturb the root system within the barricaded area.

    b. The barricade shall be a wooden or chain link fence placed at the dripline of the tree unless a smaller area is determined acceptable by the administrative official.

    Sec. 23-302.4 Erosion control.

    a. During construction. The requirements of the permit under the National Pollution Discharge Elimination System (NPDES) for the project shall be enforced.

    b. After construction. At minimum, all disturbed areas shall be mulched, seeded or sodded as required by the city, and shall be maintained as such. The removal or lack of maintenance of vegetation resulting in on-site or off-site erosion or windblown loss of soils shall be deemed a violation of this section.

    Sec. 23-302.5 Grading. The requirements of the permit under the National Pollution Discharge Elimination System (NPDES) for the project shall be enforced during and after grading.

    Sec. 23-302.6 Excavation and filling. In areas where buildings are proposed, excavation and filling shall be governed by the Florida Building Code. In existing or proposed public rights-of-way, the utility specifications of the department of public works shall be followed.

    Sec. 23-302.7 Natural and man-made features of the site.

    a. The layout of proposed structures and improvements shall be made with regard for natural features such as large trees, unusual topographic features, watercourses, sites of historical significance and similar assets.

    b. A survey showing all trees which require a permit for removal under section 23-214 of these land development regulations shall be submitted with the preliminary subdivision plan, planned development project plan or site plan for the purpose of reviewing the layout of proposed structures and improvements in regard to trees of significance. The relationship of such trees to the layout shall be considered in the review of the preliminary plan and changes may be requested or required in the layout as necessary to preserve such trees as practical while allowing reasonable use of the property.

    Sec. 23-302.8 Paving. Street paving shall follow section 23-303 and applicable guidelines of the department of public works. For all paving, the drainage requirements of section 23-308 shall be followed.

    Sec. 23-302.9 Installation of utilities.

    a. Sewer and water service, meeting the standards of the director of public works, shall be provided to the lot line of each lot within a subdivision.

    b. All sewer and water lines, storm water facilities and other utilities shall be installed only as approved by the director of public works under the site development permit issued pursuant section 23-217. Design and construction of sewer and water lines shall comply with the standards of Chapter 21, Lake Wales Code of Ordinances.

    c. The underground installation of all on-site public utility facilities including lines, wires and related appurtenances is required in all new developments requiring subdivision, planned development project or site plan approval pursuant to this chapter unless specifically waived by the city commission or planning board, as applicable. Such waivers shall be granted only for expansions or alterations to existing development where the extent of proposed improvements does not warrant the cost of converting to underground utilities.

(Ord. No. 2008-45, § 7, 12-16-08