Watson v. City of St. Petersburg
Docket: 84-2666
Court: District Court of Appeal of Florida; May 23, 1986; Florida; State Appellate Court
W.L. Watson appeals a summary judgment from the District Court of Appeal of Florida regarding the constitutionality of sections of the City of St. Petersburg’s tree ordinance. The court upheld the constitutionality of section 29-20, which allows the city manager to issue tree removal permits under specific environmental criteria, finding it did not constitute an unlawful delegation of legislative power. Conversely, section 29-26, which permitted the city manager to waive ordinance terms, was deemed unconstitutional but severable from the rest of the ordinance. The court rejected Watson's argument claiming the terms "substantially" and "significantly" in section 29-20 lacked sufficient standards, determining that adequate guidelines were present to avoid issues identified in prior cases. The ruling confirmed that the Administrative Procedure Act did not apply, and noted that individuals adversely affected by the city manager's decisions could appeal to the board of adjustment. The court affirmed the judgment in favor of the City of St. Petersburg. Sufficient trees must be present on the property to justify tree removal, meaning the site should have an equivalent number of protected trees as the average for similar nearby sites. The city manager evaluates potential significant adverse impacts on the urban and natural environment when considering permit applications for tree removal. A permit will be denied if any of the following conditions exist: 1. **Ground and Surface Water Stabilization**: Removal will negatively affect the water table and related vegetation and soil evaporation. 2. **Water Quality/Aquifer Recharge**: Removal will diminish the natural filtration of pollutants from water sources. 3. **Ecological Impacts**: Removal will harm existing biological systems and disrupt ecological balance. 4. **Noise Pollution**: Removal will significantly raise ambient noise levels, potentially violating city noise ordinances. 5. **Air Movement**: Removal will hinder vegetation's ability to mitigate wind, creating potential nuisances. 6. **Air Quality**: Removal will negatively impact the atmosphere's natural clearing and oxygen production. 7. **Wildlife Habitat**: Removal will diminish habitats necessary for wildlife and could lead to wildlife displacement. 8. **Aesthetic Degradation**: Removal will adversely affect local property values and the aesthetic quality of the area. If a permit is denied, the city manager must provide specific reasons for the denial and inform the applicant of the criteria used.