Agenda 06-27-23 The City of
Boynton Beach
Planning and
Development Board
Agenda
Tuesday, June 27, 2023, 6:30 PM
City Commission Chambers
100 E. Ocean Avenue
Boynton Beach, FL 33435
Boynton Beach Planning and Development Board
Daniel Dugger, City Manager
Michael Cirullo, City Attorney
Maylee De Jesus, City Clerk
*Mission*
To create a sustainable community by providing exceptional
municipal services, in a financially responsible manner.
M r'rM'"'f�� �Y✓i�+m" '"�f r:�" '� �r,.�+" top '41,,,,el
del,
In
www.boynton-beach.org
..... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .........._
1. Pledge of Allegiance
2. Roll Call
1
3. Agenda Approval
4. Approval of Minutes
5. Communications and Announcements: Report from Staff
6. Old Business
7. New Business
A. Comprehensive Plan EAR Update (2023)
CPTA 23-001: Approve amendments to the Comprehensive Plan that implement the
addition of a Property Rights element per new statutory requirements based on the
Evaluation and Appraisal Review (EAR).
B. Amendment to Land Development Regulations (CDRV 23-005)
Approve modifications (CDRV 23-005) amending the Part III. Land Development
Regulations, Chapter 2, Article II, Section 5. Permit Applications and Chapter 4,
Article I. Environmental Protection Standards, to create a landscape permit review
and approval process and to modify preservation and mitigation regulations.
8. Other
9. Comments by members
10. Adjournment
The Board may only conduct public business after a quorum has been established. If no
quorum is established within fifteen minutes of the noticed start tiem of the meeting, the City
Clerk or her designee will so note the failure to establish a quorum and the meeting shall be
concluded. Board members my not participate further even when purportedly acting in a
informal capacity.
Decorum
Any person who disrupts the meeting while addressing the Advisory Board may be ordered by
the presiding officer to cease further comment and/or to step down from the podium. Failure to
discontinue comments or step down when so ordered shall be treated as a continuing
disruption of the public meeting. An order by the presiding officer issued to control the
decorum of the meeting is binding, unless overruled by the majority vote of the Advisory Board
members present.
2
TA
New Business
06/27/2023
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 06/27/2023
Comprehensive Plan EAR Update (2023)
Requested Action by Commission: CPTA 23-001: Approve amendments to the
Comprehensive Plan that implement the addition of a Property Rights element per new
statutory requirements based on the Evaluation and Appraisal Review (EAR).
Attachments:
Staff Report
Exhibit A- Proposed Property Rights Element
Exhibit B - Chapter 2021-195, Laws of Florida.pdf
3
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 23-022
STAFF REPORT
TO: Chairman and Members
Planning and Development Board
THRU: Amanda Radigan
Planning and Zoning Director
FROM: Andrew Meyer
Senior Planner
DATE: June 16, 2023
PROJECT: Comprehensive Plan EAR Update (2023)
REQUEST: CPTA 23-001: Approve amendments to the Comprehensive Plan
that implement the addition of a Property Rights element per new
statutory requirements based on the Evaluation and Appraisal
Review (EAR).
PROCEDURE
The subject amendments are being processed as part of the Evaluation and Appraisal
Review (EAR) of the Comprehensive Plan, pursuant to Section 163.3191(1), Florida
Statutes (F.S.), and Rule Chapter 73C-49, Florida Administrative Code. At least every
seven years, the city must determine whether the need exists to amend the
Comprehensive Plan to reflect changes in state requirements since the last time the
Comprehensive Plan was updated, and notify the state land planning agency
(Department of Economic Opportunity) by letter of this determination according to the
schedule published in Rule 73C-49. The statutory language also encourages local
governments to comprehensively evaluate and, as necessary, update comprehensive
plans to reflect changes in local conditions.
The proposed amendments must be transmitted within one year of the notification date.
The EAR-based plan amendments are subject to the State Coordinated Review process
per provisions of Section 163.3184 (4), F.S.. At the "proposed" phase, the process
involves a public transmittal hearing held by a local planning agency—in Boynton Beach,
the City Commission—and a subsequent transmittal of the amendments to the state
4
Page 2
File Number CPTA 22-001
Property Rights
planning agency (DEO) and other reviewing agencies as required. DEO receives all
agency review comments and issues its Objection, Recommendation and Comments
Report to the local government. The second (adoption) public hearing must be held within
180 days after receipt of that report, or the amendments are considered withdrawn.
The amendments are anticipated to be adopted in November 2023.
SUMMARY OF PROPOSED AMENDMENT
Background
Effective July 1, 2021, House Bill 59, Section 163.3177(6)(i)2 of the Florida Statutes
(Chapter 2021-195, Laws of Florida), requires all local governments to adopt and include
a "Property Rights" element in its comprehensive plan. The element must be adopted
prior to either the adoption of a proposed comprehensive plan amendment or the next
scheduled evaluation and appraisal of the comprehensive plan. The statute allows states
to either adopt language provided within the statute or adopt its own language as long as
it does not conflict the with the provided language. The statute is provided in Exhibit B.
On July 22, 2022, the City notified DEO that it would amend its Comprehensive Plan to
reflect changes in state requirements since it's last EAR-based update in 2016.
Proposed Amendments
The amendments based on the current EAR propose to establish a private property rights
element within the City's Comprehensive Plan which repeats the statements of property
rights included in Section 163.3177(6)(i)2 of the Florida Statutes. The copy proposed for
the element is provided in Exhibit A.
RECOMMENDATION
Staff recommends that the City Commission, acting in its capacity as the Local Planning
Agency, approve the proposed amendments for transmittal to the State Land Planning
Agency (Florida Department of Economic Opportunity) and reviewing agencies.
ATTACHMENTS
\\Fps\main\SHRDATA\Planning\SHARED\WP\SPECPROJ\Comp Plan Text Amendments\CPTA 23-001 EAR\Private Property Rights\Staff Report\Staff
Report CPTA 23-001 Private Property Rights Element.docx
5
DRAFT
PROPERTY RIGHTS ELEMENT
Last amended Tune 16, 2023
6
Table of Contents
Objective Page
10.1 Consideration of property rights in local decision-making..................................10-1
City of Boynton Beach 10-i Date: Xxx XX,2023
Comprehensive Plan Property Rights Element
Amendments 23-001 Ordinance 21-XXX
7
City of Boynton Beach
Property Rights Element
Goals, Objectives and Policies
Goal 10- To respect judicially acknowledged and constitutionally
protected private property rights.
Objective 10.1 The City shall consider private proper , rights in local decision-
making processes.
Policy 10.1.1 Property owners shall have the right to physically possess and
control their interests in the property, including easements, leases,
or mineral rights.
Policy 10.1.2 Property owners shall have the right to use, maintain, develop, and
improve their propertypersonal use or the use of any other
person, subject to state law and local ordinances.
Policy 10.1.3 Property owners shall have the right to privacy and to exclude
others from the property to protect the owner's possessions and
property.
Policy 10.1.4 Property owners shall have the right to dispose of their property
through sale or gift.
City of Boynton Beach 10-1 Date: Xxx XX,2023
Comprehensive Plan Property Rights Element
Amendments 23-001 Ordinance 23-XXX
8
CHAPTER 2021-195
Committee Substitute for Committee Substitute for
Committee Substitute for House Bill No. 59
An act relating to growth management; amending s. 163.3167, F.S.;
specifying requirements for certain comprehensive plans effective, rather
than adopted, after a specified date and for associated land development
regulations; amending s. 163.3177, F.S.; requiring local governments to
include a property rights element in their comprehensive plans;providing
a statement of rights which a local government may use;requiring a local
government to adopt a property rights element by the earlier of its
adoption of its next proposed plan amendment initiated after a certain
date or the next scheduled evaluation and appraisal of its comprehensive
plan; prohibiting a local government's property rights element from
conflicting with the statement of rights contained in the act; amending
s. 163.3237, F.S.; providing that the consent of certain property owners is
not required for development agreement changes under certain circum-
stances; providing an exception; amending s. 337.25, F.S.; requiring the
Department of Transportation to afford a right of first refusal to certain
individuals under specified circumstances; providing requirements and
procedures for the right of first refusal; amending s. 380.06, F.S.;
authorizing certain developments of regional impact agreements to be
amended under certain circumstances;providing retroactive applicability;
providing a declaration of important state interest; providing an effective
date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Subsection (3) of section 163.3167, Florida Statutes, is
amended to read:
163.3167 Scope of act.—
(3) A municipality established after the effective date of this act shall,
within 1 year after incorporation, establish a local planning agency,
pursuant to s. 163.3174, and prepare and adopt a comprehensive plan of
the type and in the manner set out in this act within 3 years after the date of
such incorporation. A county comprehensive plan is controlling until the
municipality adopts a comprehensive plan in accordance with this act. A
comprehensive plan for a newly incorporated municipality which becomes
effective adopted after January 1, 2016 2019, and all land development
regulations adopted to implement the comprehensive plan must incorporate
each development order existing before the comprehensive plan's effective
date, may not impair the completion of a development in accordance with
such existing development order, and must vest the density and intensity
approved by such development order existing on the effective date of the
comprehensive plan without limitation or modification.
1
CODING: Words stem are deletions; words underlined are additions. 9
Ch. 2021-195 LAWS OF FLORIDA Ch. 2021-195
Section 2. Paragraph (i) is added to subsection (6) of section 163.3177,
Florida Statutes, to read:
163.3177 Required and optional elements of comprehensive plan;
studies and surveys.—
(6) In addition to the requirements of subsections (1)-(5), the compre-
hensive plan shall include the following elements:
(i)1. In accordance with the legislative intent expressed in ss.
163.3161(10) and 187.101(3) that governmental entities respect judicially
acknowledged and constitutionally protected private property rights, each
local government shall include in its comprehensive plan a property rights
element to ensure that private property rights are considered in local
decisionmaking. A local government may adopt its own property rights
element or use the following statement of rights:
The following rights shall be considered in local decisionmaking_
1. The right of a property owner to physically possess and control his or
her interests in the property, including easements, leases, or mineral
rights.
2. The right of a property owner to use, maintain, develop, and
improve his or her property for personal use or for the use of any other
person, subject to state law and local ordinances.
3. The right of the property owner to privacy and to exclude others
from the property to protect the owner's possessions and property.
4. The right of a property owner to dispose of his or her property
through sale or gift.
2. Each local government must adopt a property rights element in its
comprehensive plan by the earlier of the date of its adoption of its next
proposed plan amendment that is initiated after July 1, 2021, or the date of
the next scheduled evaluation and appraisal of its comprehensive plan
pursuant to s. 163.3191. If a local government adopts its own property rights
element, the element may not conflict with the statement of rights provided
in subparagraph 1.
Section 3. Section 163.3237, Florida Statutes, is amended to read:
163.3237 Amendment or cancellation of a development agreement.—A
development agreement may be amended or canceled by mutual consent of
the parties to the agreement or by their successors in interest.A party or its
designated successor in interest to a development agreement and a local
government may amend or cancel a development agreement without
securing the consent of other parcel owners whose property was originally
subject to the development agreement, unless the amendment or
2
CODING: Words striekeare deletions; words underlined are additions. 10
Ch. 2021-195 LAWS OF FLORIDA Ch. 2021-195
cancellation directly modifies the allowable uses or entitlements of such
owners' property.
Section 4. Subsection(4)of section 337.25, Florida Statutes,is amended
to read:
337.25 Acquisition, lease, and disposal of real and personal property.
(4) The department may convey, in the name of the state, any land,
building, or other property, real or personal, which was acquired under
subsection (1) and which the department has determined is not needed for
the construction, operation, and maintenance of a transportation facility.
When such a determination has been made, property may be disposed of
through negotiations, sealed competitive bids, auctions, or any other means
the department deems to be in its best interest,with due advertisement for
property valued by the department at greater than$10,000. A sale may not
occur at a price less than the department's current estimate of value, except
as provided in paragraphs(a)-(d).The department may afford a right of first
refusal to the local government or other political subdivision in the
jurisdiction in which the parcel is situated, except in a conveyance
transacted under paragraph (a), paragraph (c), or paragraph (e). Notwith-
standing any provision of this section to the contrary,before any conveyance
under this subsection may be made, except a conveyance under paragraph
(a) or paragraph(c), the department shall first afford a right of first refusal
to the previous property owner for the department's current estimate of
value of the property. The right of first refusal must be made in writing and
sent to the previous owner via certified mail or hand delivery,effective upon
receipt. The right of first refusal must provide the previous owner with a
minimum of 30 days to exercise the right in writing and must be sent to the
originator of the offer by certified mail or hand delivery, effective upon
dispatch. If the previous owner exercises his or her right of first refusal,the
previous owner has a minimum of 90 days to close on the property.The right
of first refusal set forth in this subsection may not be required for the
disposal of property acquired more than 10 years before the date of
disposition by the department.
(a) If the property has been donated to the state for transportation
purposes and a transportation facility has not been constructed for at least 5
years,plans have not been prepared for the construction of such facility,and
the property is not located in a transportation corridor, the governmental
entity may authorize reconveyance of the donated property for no con-
sideration to the original donor or the donor's heirs, successors, assigns, or
representatives.
(b) If the property is to be used for a public purpose,the property may be
conveyed without consideration to a governmental entity.
(c) If the property was originally acquired specifically to provide
replacement housing for persons displaced by transportation projects, the
department may negotiate for the sale of such property as replacement
3
CODING: Words etriekeare deletions; words underlined are additions.
Ch. 2021-195 LAWS OF FLORIDA Ch. 2021-195
housing. As compensation, the state shall receive at least its investment in
such property or the department's current estimate of value, whichever is
lower. It is expressly intended that this benefit be extended only to persons
actually displaced by the project. Dispositions to any other person must be
for at least the department's current estimate of value.
(d) If the department determines that the property requires significant
costs to be incurred or that continued ownership of the property exposes the
department to significant liability risks, the department may use the
projected maintenance costs over the next 10 years to offset the property's
value in establishing a value for disposal of the property,even if that value is
zero.
(e) If,at the discretion of the department,a sale to a person other than an
abutting property owner would be inequitable, the property may be sold to
the abutting owner for the department's current estimate of value.
Section 5. Paragraph (d) of subsection (4) of section 380.06, Florida
Statutes, is amended to read:
380.06 Developments of regional impact.—
(4) LOCAL GOVERNMENT DEVELOPMENT ORDER.—
(d) Any agreement entered into by the state land planning agency, the
developer, and the local government with respect to an approved develop-
ment of regional impact previously classified as essentially built out, or any
other official determination that an approved development of regional
impact is essentially built out, remains valid unless it expired on or before
April 6,2018,and may be amended pursuant to the processes adopted b, the
local government for amending development orders.Any such agreement or
amendment may authorize the developer to exchange approved land uses,
subject to demonstrating that the exchange will not increase impacts to
public facilities. This paragraph applies to all such agreements and
amendments effective on or after April 6, 2018.
Section 6. The Legislature finds and declares that this act fulfills an
important state interest.
Section 7. This act shall take effect July 1, 2021.
Approved by the Governor June 29, 2021.
Filed in Office Secretary of State June 29, 2021.
4
CODING: Words eters are deletions; words underlined are additions. 12
7.B
New Business
06/27/2023
City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 06/27/2023
Amendment to Land Development Regulations (CDRV 23-005)
Requested Action by Commission: Approve modifications (CDRV 23-005) amending the
Part III. Land Development Regulations, Chapter 2, Article II, Section 5. Permit Applications
and Chapter 4, Article I. Environmental Protection Standards, to create a landscape permit
review and approval process and to modify preservation and mitigation regulations.
Attachments:
CDRV 23-005 Staff Report
CDRV 23-005 Text Amendment Chp 2 Art II Sec 5 & Chp 4 Art I.pdf
13
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
k MEMORANDUM NO. PZ 23-023
STAFF REPORT
TO: Chair and Members
Planning and Development Board
THRU: Amanda Radigan, AICP, LEED AP
Planning and Zoning Director
FROM: Jae Eun Kim, Principal Planner
DATE: June 27, 2023
REQUEST: Approve modifications (CDRV 23-005) amending the Part III. Land
Development Regulations, Chapter 2, Article II, Section 5. Permit
Applications and Chapter 4, Article I. Environmental Protection
Standards, to create a landscape permit review and approval process
and to modify preservation and mitigation regulations.
OVERVIEW
The City's current Land Development Regulations (LDRs) do not include a procedure for tree or
palm removal nor does it provide mitigation options for replacement with the exception replacing
the tree caliper. The proposed amendments establish the procedure, submittal requirements and
review criteria for the Landscape Permit application to modify the existing trees or palms. The
amendment also proposes to update the City's tree preservation code to contain different
replacement options for tree(s) or palm(s) that are removed or to be removed. The proposed
amendments are designed for the city to create extensive sustainable green infrastructure by
promoting tree and palm preservation.
EXPLANATION & PROPOSED AMENDMENTS
Landscape Permit
The current LDRs does not outline or define a review criteria or process when it is necessary to
remove trees, palms, or for land clearing. The proposed amendment establishes a Landscape
Permit in the LDRs to address such required or necessary removal with respect to the
preservation effort.
The landscape permit includes three (3) notable points to direct applicants.
1. Exemption. The exemptions are currently defined to allow tree and palm removal without any
replacement and are regulated under Chapter 4, Article I. Environmental Protection
Standards. The amendment proposes to relocate the exemptions under a new landscape
permit procedure and further clarify them to be a user-friendly.
2. Different events. The removal of trees or palms can be necessary to preserve healthy
environment and neighborhood, and further public safety, such as tree clearance by a utility
company, or removal of invasive species. Under the current regulations, replacement is not
required for such removal. The proposed amendment will require replacement with respect to
the approved landscape plan and consideration to the existing site conditions.
3. Review criteria and approval process. A landscape permit establishes and emphasizes the
14
Page 2
Environmental Protection Standards Amendment
CDRV 23-005
review criteria that warrant the requested removal of trees or palms being consistent with the
LDRs. The landscape permit is also designed to regulate the approval process and
expiration as it is a permitting tool for tree or palm removal.
Environmental Protection Standards
The amendment proposes different mitigation options regarding replacement requirements for
tree or palm removal, whereas the current LDRs regulate the tree caliper replacement only. This
amendment also proposes to remove subsections from Chapter 4, Article I and rewrite them under
a Landscape Permit to provide a comprehensive and uniform review process for tree or palm
removal while being consistent with other Articles in the LDRs.
The amendment for Article I. Environmental Protection Standards can be outlined with three (3)
notable points.
1. Reviews and Exemptions
• Exemptions to the City approval requirements for a development application pertaining
to the existing trees and palms are removed or rewritten under a Landscape Permit.
• The subsection referencing invasive species is updated and rewritten for clarification, and
the removal process of invasive species is recollected under a Landscape Permit
procedure.
2. Mitigations. Three types of mitigations will direct the development applications pertaining to
the tree or palm removal.
• Caliper Replacement: The cumulative caliper inches of existing trees to be removed is
required to be replaced on-site with an equal or greater number of caliper inches of
replacement canopy tree(s).
• Canopy replacement: If trees or palms are removed before obtaining approval of a
landscape permit, the number of replacement trees or palms required is based on the
removed canopy areas in square feet (sq.ft.). This is determined by using aerial
photography; photos; or review of a tree survey. Replacement canopy area credit is
required to equal the canopy area removed.
• Payment In-lieu of replacement: Upon determining that replacement of removed or to be
removed trees or palms is not feasible due to the lack of available planting space, an
applicant will have an option to meet all or part of the replacement for the tree(s)or palm(s)
by paying into the Tree Canopy Trust Fund an amount of money based on the payment
schedule set by the City Commission by resolution.
3. Fertilizer Use Regulations
Fertilize regulations are currently defined under both Chapter 4, Article I, Section 5. Fertilizer
Regulations and Chapter 4, Article XII. Fertilizer Use Regulations. This amendment proposes
to remove the fertilizer regulations from Article I and refer it to Article XII. Fertilizer Use
Regulations, as approved via Ordinance 11-019.
CONCLUSION/RECOMMENDATION
Staff recommends approval of the subject amendments to the Land Development Regulations to
establish a procedure for a Landscape Permit and mitigation options to be utilized for
development applications pertaining to the removal of trees or palms.
Attachments
2 15
PART III. LAND DEVELOPMENT REGULATIONS
CHAPTER 2. LAND DEVELOPMENT PROCESS
ARTICLE II. PLANNING AND ZONING DIVISION SERVICES
Sec. 5. Permit Applications.
B. Zoning Permit.
1. General.
a. Purpose and Intent. The purpose and intent of this subsection is to set forth a well-
defined application process, review criteria, and uniform procedure for the processing of zoning
permits and zoning verification letters, to ensure that certain structures and site improvements
comply with the respective requirements and standards described in these Land Development
Regulations and the city's Code of Ordinances.
b. Applicability. A permit, issued by the Planning and Zoning Division, shall be required
for accessory structures and site improvements proposed on any parcel or development unless
otherwise specified herein. The following types of requests or improvements do not require a
building permit but do require a zoning permit or zoning verification. Such improvements or
requests include but are not limited to the following:
(1) Accessory structures, limited to a maximum of one (1) open air structure or gazebo
less than one hundred (100) square feet and used in connection with a principal residential
dwelling or use. Chickee huts are exempt from the above size limitation;
(2) Animal enclosures;
(3) Fences on residential property (single-family; two-family; and single-family attached
if fee-simple ownership)with a maximum height of six (6) feet; unless used as a barrier around
a swimming pool, spa, or rooftop equipment;
(4) Impervious surfaces that are unenclosed and uncovered, including but not limited to
driveways, patios, steps, stoops, terraces, sidewalks, and the like, regardless of proposed
surface materials (e.g., pavers, asphalt, concrete, etc.).
The zoning permit shall not be applicable to new impervious surfaces and improvements
normally administered by other Divisions in the city, such as by the Engineering or Building
Divisions. A land development permit (LDP)from the Engineering Division shall be required in
lieu of a zoning permit for any proposed driveway, patio, terrace, sidewalk, or the like in excess
of eight hundred (800) square feet. Impervious surfaces or improvements that would require a
building permit (in lieu of a zoning permit) include reinforced concrete pads connecting with
existing buildings to be used as a slab for future building additions; required handicapped
accessible routes; framed decking improvements; or other similar improvements.
It should be noted that any proposed impervious surface and/or site improvement that
decreases permeable land area in excess of eight hundred (800) square feet on any given
1 16
parcel in the city shall be reviewed for compliance with the drainage standards of Chapter 4,
Article VIII, Section 3.G.„ and/or the Engineering Design Handbook and Construction Standards.
This review requires the submittal of a drainage plan prepared by a licensed professional
engineer based on the design standards referenced above.
(5) Community gardens. See site plan review (Section 2.F. above) for community
gardens containing storage and/or agricultural structures that are greater than one hundred
(100) square feet. All agricultural structures and storage structures greater than one hundred
(100) square feet shall require approval of a building permit in accordance Chapter 2, Article IV,
Section 2.
c. Compliance with Florida Building Code. Any proposed structure or improvement that
includes an electrical, plumbing, or other similar component which is subject to compliance with
the Florida Building Code, shall require a building permit, and the review for such improvement
that would have been conducted as part of the zoning permit process, will alternatively occur as
part of the review for the building permit. See Chapter 2, Article IV for additional regulations
regarding the building permit review process and procedures.
2. Submittal Requirements. See Section I.D. above for the submittal requirements of this
application.
3. Review Criteria. Each structure or improvement shall comply with the following: 1) all
zoning requirements of Chapter 3, including the supplemental regulations of Article V; 2) all
applicable site development standards described in Chapter 4; and 3) the applicable regulations
of City Code of Ordinances Part II. Notwithstanding compliance with the aforementioned
regulations and standards, their specific provisions are referenced as follows:
a. Fences. Chapter 3, Article V, Section 2;
b. Arbors, trellises, and pergolas. Chapter 3, Article V, Section 3.F.;
c. Open air structures and gazebos. Chapter 3, Article V, Section 3.G.;
d. Permanent sheds and storage structures. Chapter 3, Article V, Section 3.E.1.;
e. Decks, patios, steps, stoops, and terraces (unenclosed and uncovered). Chapter 3,
Article V, Section 3.B.;
f. Animal enclosure. City Code of Ordinances Part II, Chapter 4, Section 4-4; and
g. Driveways for single-family and duplex dwellings. Chapter 4, Article V, Section 2.13.
4. Approval Process. The application shall be reviewed by staff and action will be taken by
the appropriate administrative official.
5. Expiration. A zoning permit is valid for a period not to exceed six (6) months from the
date of issuance. If construction of the improvement covered by the zoning permit has not
commenced within this time period, the permit shall expire and be cancelled with written notice
to the applicant.
6. Time Extension. An extension of the permit for a period not to exceed ninety (90) days
may be requested in writing by the applicant if received by the Division prior to permit expiration.
be edified from time to W.
(Ord. 10-025, passed 12-7-10)
2 17
Iainds���apV`°. l Ieimflt
GeiqeirdI
:awl.: �°11::urpose and kniteint
he pii,Airpose !�rf thuls SlUbsectoin to set !birt[ii 1,:�irflform glzoliIcatoin
p=2�i�91 god 1111`�1110111M::dlloln to g�::�kfe iiq ig:lfiudJoini tc� the eksting tlggrv' 2�'
ve etafloin b(:�fled cilin �::::l 0
b Adin linlstiradoini
he II21rectoir of oirawnup:"V.pap�uwwl�gjj Il2a.vm U'le ai.O,N�l )rfl:y �::g ir'ijeirpire�,
aind adirnJir'iusteir INs SUbsectk21n
c
f�Rernovalll, ardocadcin, rej2jgggMg['i�, gE all a tree wkh a cdupgp of
iJhiree (a) uuaa.11'ie!,� gir gEgtpw' god !g 2glt Wflh 3...d11 Uir w1c),I)d ref!§x fegt g[g,eateir aiire
reggired to dotauin a II ainds(;E�ipaa E�:Nrrll aiiccep!f - gdow
N irth in fts sildnectliolin S�wfll� lqi� t app��y jg foflowll� g
2 d2lbin, � his �'gi"OVIS11113111 S'D ) I i�) 11
a Slingig! Egoudly tjginies �Iiq�d )upjg2sgo
kndkJ6.41y 2!gj!gIIII�r.Ilts cointauinuing idly g- !gcate!d wlit[flin
da 2mygd
reskJei,'OJ4l zginling d!stid,s aire exeinipt, 2Myk:1e(j that they d� D21 bgyg
t H t
uind(::!ir r(::Mew U!� AL ( -IaP 2i, "l, A[fldg E Ind 1, and they dg gointaiiin wallop arnein
tirees, A, spggJlinnen tree is p[aA,ecteid in accoirdaincle \Adt[ii (Dhapj2�, "L 8rode L, S(:�cflc)in
III 5. IL 11(3 se ii wa ii i II fo 11,is
uuu
I Ua nusaind heidas that Faire2!�o'ikd a:mnd ig[gayuu2g !ii a
veg2 �:
� S c v 11
gg!k2� 8��2 2L� e cj 111
c jceinsed nuirsiines oir firee fairms
Afll Illup einsed 11,111,UISEN11111ENS Oir tree :ainirns sialll Il a"uanp�V: ll:iroiq ii tNs subsectku )in
ualll ini irdadcri'll to 2u[ita h.hlauh alre dgu�!2�j god gL1�)\qd1'1g gu] �bg2�,(:Nrrflses firir Hie
salb to the pgbEc uin thlll: 11, 1 S S 11,�c 1u crusil'1119SS
2 1) dinairy
d Ilq11 e In go 12. ::
1101
f)2 pi011,111!:3111'Ills of fts airficle iq'Riip Il2gL
� g�,Itecl IIcily 1bg QuIriqcto of 111,ainiquling g�2ZgoQl
�J �r�g ,
,
dg�w,g[lgg! g Il2eirliod of 'qui til 9~m aJu.iijing g tm2ua dl Stolinin'll
nood, oir ainy p1bgj, of 13wo(J',' aind
alind ppg�,'a!2� ai(chdrig g jgl]���gf��gy
C t y
�� K2�yu!20 ': I (
flAc I,JflIILIty 8920des
Utd�ky gg2u2gr::!S III ,g ggthoijzed b rernove oil,, trjirn existing jEgg� g�[ pg [Iis that
inteirteire Wth uunfuaastruiluire Illupu ated Wt[flin easerrlleiiatS cH,
I i�::: 1 13 1:: t f � � I
othei,'Wse endar gic�r thE3 !: ��fl:e y 22d ��! 9!2 2f ik llt vvkhout 6'-Oauinuing a Ill,gEjdscap2
pgirilrdt oweiver:, ull.!: the pWgEfl rnateiJ4l m:js 2,23111 of: the appu,'C)V��d p!gu2, fl2g [! ,pgKlsdblb
3 18
2!91ty 21 2u,012!:Ety g�!ier%Ad�ll De rq:1giflred N�) inijdgglLeniovN d:' the 2�g!,it maleijd � urees
knis that are II reummir"d II, ir c an ll, gg:1 by a IAHugg]gy II22 ep�lgg:J withi
coinupryuownllA umatilluodl E:1111111�j p0062d gin a tree foci tree 011' :mggh[D as
�azairdoius aincl E)IS'lleas'lled and udkms
�azardous aind �:fiseasied triaes ail i(J Rglo�I,I,a 1� mt big !"ein novigiij undier 1 le sVqpgrvisioi, o�f a ni
aidborust c(::1rU1:k::d Ly thii:� Si)6.11 f Arb( jciidtii.urir�� or a I�'�Ioiida lk eins(::'d
bndsc,!::upg ::nu,chHectI hiiIl:Irector ai,d �'1`011,ding 2[ Og�g!lee s[,iE:dl1 b(.:::! nofl1j(::d
��2y ffie airborjs� oii, �ainiiljsca g[ghiked wkh �1 coinddoin assessinneifl repgj gd 2I2dos
2�-ioir ho ueuniow.fl CginipairaLJle reph ggeimei,fl of: such �rei�s and II2g2!�oVded cini
a tree bii tree gir basrr s, as appflcak�de:j U11,fl&5s wa��ved IIby!t]g Qurectoir d:'
�.....:.Il:.iil 31
zg!i!ing gE 122gg::
5L?eilnovdLof knvi!:isIve S
P922L
iniova�l of '111111N/�:ItsljvEnI Pg( res, as defilined ini II Duh IIIHA c Jlgp2t
:2u,4, ?�[jkje L, shWlI Ige
2p!�oved wH i E:lt 41ndl��c 2� 2g1,11 1111t:, aiin��J of sucdh Ova�� air(: not regg�red
i a
the invasive slpgg2yg,g pi,eVoll.dy gpp ��Yg�! gg pgj II or cc)iqtrbii.uU:� to bndsclapg
Z
pual 21 to cohei,Wsie ciiDiqipy Wth flie sU:indards of I��!Iart 11:1 chantg�,4, j�ftcle HL rerncvcd�
C l�::
of elmA,ii spggIes dha�l1 bli, oin a oine f:oii oine IIS Pr',aa.mlls
6 (::"vuew ',ijteij,.t:: A pial"Rijt d-idl� coi,nP��Y Alith the
a (:'oiil~ stei,,icy vvk[ii dharactairs aind in Iii ate!ig:ds d:: tfie ggp!loviaiij uquash��eII pjg g,,Dke jj!!::11irI
z) of the zoiqIing dIsltct II eg::flgjliG1"lS of II llupI II wl, �\Llde IIIIIIII,
A, fide aind
c ���)rii)tecfloin S�airidards s(:A foil[ii in
r
��3 f )i � in
d aindscap2Q�g,i and ficirt[ii Ii, Q1g2j2[A, 8ft(je H�
7 'SUDI'nkldI ��gg a=bgukl Artude III III, &: !Joini I IIS Ilnir the SUC)117dlldI
,egg�reinieiril:s of: thus I�'irnRHcatioin
"jpp!,ova�� �LIii,ocess
he II flirectc1i, of aind Zoiq�int:] or de§giee shdlI IeVeVv n cniqlp�2tgg2pficatil0i'l,
in�:Jiijding 2gUlift, aindtalkii:D ac:tk��ini a,�]seid ointhe 11: vill: w ii;iIN: rk: sii:vt 1:birth ini this
silflas(IdonA binidsiceiling! ggmijt !shdll bg glpp,oygo a::�P20 tha he agjgiCoiq
cclimplllues With dlI defilined il'i the �� air�iij uti 011,1 S
:::::xp�iradon
?�ppl,(Pitd� of the aindsica2g �;�!°errirdt is vdd ibir a 2gjod not to excee(�j sb( ]ioiniffis :i,oim
the dahe d:: sswunce f thig SCOP2 gf: work: covell-&:J gy flids pg-imk: ul unof coiqiimeinc&�j
Wftn tKs turd 11 gjii�xj, flhe pg[lluik SI�161l (D�I(pre aind IIwe
10 ii,ne : :deinsbin
Airi exteinek)rii c)f the rc�eriink k)ir a p�2�jod not to eI.
xc�eed rdinety �gy�i Dgy �g Egggested
iniw uohuurng 11 jt]2 grDflil3aint if regght I IIa the �AI'll �lql�)Ito, thIl2gonnnutexph raflon
4 19
CHAPTER 4. SITE DEVELOPMENT STANDARDS
ARTICLE I. ENVIRONMENTAL PROTECTION STANDARDS
Sec. 1. General.
A. Short Title. This article shall be known and may be cited as the "City Tree Preservation
Ordinance."
B. Purpose and Intent. The city recognizes the inherent value of trees and other plant
material. Healthy vegetation aids in reducing destructive environmental factors to real property,
such as wind, noise, and the potential for erosion to the city's soils and beaches. Trees and
shrubs contribute towards energy conservation and management by producing oxygen and
absorbing carbon dioxide. They have a positive effect in surface drainage, and help to provide a
beautiful and aesthetic environment for residents, businesses, and visitors. The purpose and
intent of these Regulations, therefore, is to promote the health, safety, and welfare of the
community by establishing rules and regulations governing the protection of trees and
vegetation, in conjunction with encouraging the installation and/or proliferation of healthy trees
. aLpn.a;:u. shrubs affdiin appropriate locations and quantities.
C. Administration. The Director of Planning and Zoning or designee shall have the authority
to interpret and administer this article.
D. Applicability. The provisions of this article shall apply to aHa real property ' that is
when such tree for removal activity jb:al:,":fl is
intended for development or redevelopment, and �,,
initiated by the property owner or agent thereof.
E. Exemptions.
g 12m0§13111"1:5 il)ll a„'„� s allall! e sIla not app !2 jIISIla a'`in,1lll:J d IIIIn Q„I[,iap!g�I'„ "
�.11:fl r:�..e....IIL.IIL. .�.°.c.�.t.!Lo.!IC:..... ....Q...........2.:.
V- I they de
eted in a66 Rce_w;4-k 0-44
3. Nurseries and Tree Parms. 1 liGensed plant or tree Rurse-ries —4-,-- T
ended sale t eFaJ1-p44b1;.-_;,R4ke-aF4;,P
5 20
trees,Otherwise eRdaRger the --f-+- --A --If— -T+k
.0,o3VeI.Gpffi ent during a period Of erneFgeney, swoh as during a hLIFFic-ane, tFE)p;.E)al StE)FFn, flood, OF
6- Hazardous Or Diseased
one aoe—
F. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions
which pertain to the regulations and standards contained herein.
G. Conflict. Whenever the regulations and requirements of this Code conflict with any other
lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall
apply, unless otherwise stated herein.
(Ord. 10-025, passed 12-7-10)
Sec. 2. City Approval Required.
No plant material or vegetation shall be cut down, moved or removed, destroyed or effectively
ip,if::gii.e;; without first securing the necessary city approvals
ae^ ce=wtithi-€ ti �. . beve. The following processes and permits shall be available to
ensure that all-O —4 — kk;-g-2!2a ei,nepntjioin(:;ill activities comply with the standards of this
article:
A. Private Property and Public Lands. The property owner or agent shall file the following
applications prior to commencement of any of the aforementioned ^'� ""^`� nr,� �p1�hhR
activities:
1. Site Plan Review.
......he site plan review process shall be
required and reviewed in accordance with the procedures set forth in Chapter 2, Article II,
Section 2.F.,, prior to the issuance of g land development permit. For the purpose of this
subsection, the term "site plan" is construed to include master site plan and technical site plan
applications, and to ultimately mean the ^~^Gess by w hiGh ^ landscape plan rr,�� rtlrDw aind
rnanagement plan, Native Florida Eoosystern -Supiey Or inventory, OF a E)--b;__+;— thereof, as
;-- -k-- deteFmined neGessaFy identify
part of the-44 plan-appli—l-l', ww"—
bQIGW-
2. Land Development Permit.
f
rte,®gid®^® �^ ,— —,l ;Fed. The land development permit application shall be processed in
accordance with the procedures set forth in Chapter 2, Article III, Section 3. The city Perestw
--Y, require the--&ubn*�ef a tree supley, tree management plan, Mativve-FIGF;162 EGesyyste-
1-Y -1 !RV8RtE)Fy, OF thereef, as part of the laR
6 21
9
GPBG;.FR8R trees OF to ensure
then ffes -.-a x;OR ne.0's of cnn+„�n �a Qa h.,f.-w The issuance of a land development permit shall
not relieve any party from obtaining the necessary permits,, which may be required by the
various federal, state, or local government agencies
i Ilue. pggnj1 sha�llll IIcu.99 ariqggired ani ,j obta;ii ued u.il,u the i.o,O�D&Ju res se:
h.uuuuu lh afloi y
��,u"�... ��ull�ui��u �.�' ��u�u��wlu� 111111 ����,i,� ,":II � .:.
B. Rights-of-Way....E.g.IC'.!I::nL
A right-of-way permit application shall be required for any proposal to II .�.aii- � r remove
material i.:�;.p�n..ii..ii,ii a city right-of-way in accordance with the procedures set forth in
III �.!I::ILS..'..u.�.....u.�........:::.
Chapter 2, Article III, Section 4. The City,FerestepFequi% # '# tritree management
plan,
as part Of the Gity Fight way permit ined ------apy-te4dentify
(Ord. 10-025, passed 12-7-10)
Sec. 3. Preservation Principles.
A. High Ecological Importance. Areas that are considered to be of high ecological importance
should be given tf,ie highest priority for protection. These areas include but are not limited to the
following: 1) have occurrences of federal and state listed species of flora and fauna; 2) have
biological diversity; 3) g!le located in aquifer recharge zones; and 4) ��[� known to inhabit
threatened and endangered species of fauna and flora. Therefore, + —1194114g-ft,iese natural
areas shall be protected
B. Easements and Rights-of-Way. Utilities, stormwater easements,, and rights-of-way should
avoid preserved areas.
C. Contiguity. Areas set aside for preservation should be contiguous parcels of land that are
interconnected and considered viable habitat for wildlife to the extent practical. Small
fragmented areas of preservation should be avoided when possible.
Sec. 4. Standards.
The following standards shall be considered in order to ensure the protection of existing
vegetation:
A. General. All proposed developments shall be designed to preserve, perpetuate, and
improve the existing natural character of the site. Existing native trees and other landscape
features shall, to the maximum extent possible, be preserved in their natural state; and
additional landscape features shall be provided to enhance architectural features, to relate
structural design to the site, and to conceal unattractive uses. In all instances the city's
landscaping requirements and all other applicable regulations shall be fully complied with as
minimum standards.
148
areas
7 22
High-quality areas placed in preservation shall be retained in entirety in their current or
improved natural state, and protected regardless of ownership. This requirement
may be negotiated to create contiguous presery ?s among plant communities. During the
site plan review process, the applicant shall be required to prove that the highest ecologically
valued land is being retained first. If the preservation of the highest ecological valued land
renders liinfea§illblilllt of the site devlllo2 g u! it shall
be the applicant's responsibility to prove such hardship and provide an acceptable alternative
for approval.
Rights-of-way and areas determined to be future rights-of-way in the Comprehensive Plan
and utility or drainage easements shall not be allowed as designated set-aside areas 11:(:)ir
.II .!L.�::."..'^�..'..IL. °.t h:�.!L�':�.II:.!h....II .9 h.!I".II .�.:�:":�. :I`^.•
B. Preservation Efforts.
1. Beach Dunes. The natural vegetative cover on beach dunes shall be preserved in an
undisturbed state of growth as a fragile ecosystem. No beach dune vegetation, grass, sea
grape, and tree development shall be altered, removed, or changed except in accordance with
federal, state, county, and local regulations.
2. Mangrove Areas. Well-documented scientific research has established that mangrove
areas are the ecological base of the biological food chain for many important species, including
some species of fish that are important for sport and commercial fishing. Mangrove trees, which
are of considerable aesthetic value, also serve as protection against storm surge s efl anrr„;lprpd
provide a habitat/shelter for birds and other wildlife. For these reasons, land development and
construction thereon, shall be conserved to the maximum extent possible and only altered in
accordance with federal, state, county, and local regulations.
3. Specimen Tree Designation. The Director of Development may, by written request to the
City Manager, recommend from time to time the official designation of certain trees located
within the city as specimen trees. If the City Manager approves such recommendation, the
matter shall be presented to the City Commission for final determination. The city shall notify by
Ger+i"ed mail the affected property owner of the proposed hearingl „2 g:g:[fll'i1„e( pna„' . The City
Commission shall accept, modify or deny the staff recommendation. Any proposal to remove a
specimen tree shall e mitigated in accordance with t...:..il.s:.........:......fi..1..���"�....�''���.
4. Environmentally Sensitive Lands.
a. General. The purpose and intent of this section is to preserve and protect the values
and functions of environmentally sensitive lands from alterations that would result in the loss of
these lands or significant degradation of their values and functions.
b. Applicability. This subsection applies to all properties that contain environmentally
sensitive lands with an "A", "B", or "C" rating as pursuant to Table-2-of-the Conservation
Element of the Comprehensive Plan.
c. Standards. The following standards shall promote the preservation of natural resource
sites:
(1) If the property proposed for development is greater than ten (10) acres, or is a
portion of a larger tract containing ten (10) or more acres of environmentally sensitive lands
designated as an "A" rated site, the developer shall be required to preserve a minimum of
twenty-five percent (25%) of all native plant communities on the site in one (1) unified preserve.
Habitats shall be preserved with intact canopy, understory and ground cover.
8 23
(2) If the property proposed for development is greater than ten (10) acres and has
been designated as a "B" or"C' rated site, the developer shall be required to preserve a
minimum of twenty-five percent (25%) of all native plant communities on the site. The preserve
areas may be separated into micro preserves. Habitats shall be preserved with intact canopy,
understory and ground cover.
"'I' I-latuFal Fesour ;,4-Rt;-I;eA in Table 2 of the " ORSeFvat;on Element of the
preserve area sal ts'.0
(4 ) The specific location of the preservation area shall be determined during the
review of a master plan or site plan. If no master plan or site plan is required, then such
determination shall occur during the review of the plat. The ultimate area to be
preserved shall be indicated on the approved plan I;:fl" any corresponding plat. In determining
the most appropriate location for the preserve area within the site, the city shall consider factors,
which include, but are not limited to the following: proximity of the preserve area to developed
and undeveloped property; potential for immediate or future consolidation with environmentally
sensitive lands on abutting properties; ability to maintain the preserve area based upon
surrounding development and land uses; and the recommendations of staff or any consultants
retained by the city. The preserve area shall be maintained in accordance with
preserve area Ilal,r C 0111Sq h)r":1th(.1I II eiigiie nt rull thhiu �w'�h�lnhill ',plllur.,hh w� I :uii�.•
I
„ I�'II„, „III II (T}hlo /i_7 �Ai�irY 4inn of Cvio�inn Trono� All existing
C. Mitigation of Existing Trees �;.,,..,....,
trees;ap'p II u;;;a p p that are not preserved in place or relocated on-site shall be
ue�'.pIIhIgdg!I �to oil,, nak,e l gyElrhl:,�!I t hhu fleu o:I
hn"1� en'ieinu shaIIIIII be hm:hl:udlm....as indicated in : �h=IIIIS SUD C�I11011u
1
ul°,,,III"h��:,li"I�Ilulll',II�I� r� u1� .... I"I� ILII"I„11'�i�lll"I"�:...�Illu "�Ilh�:� as1111'111'„u III �1t1�1:. IIIIu ftie hr`IC`iI''"....'d'� �'rovy...r111u�P (.(„ull'mu]� .... II�"� 1"„II„'I...
I
Ilunlllr�jlllullu�llull �;,�II � �"u del: d a II IIa phgII 4, AIItIc�eIII
..h ��III II, :�°�h h ��� Ill �l ll 111 cul I�huu�l: hu�. I u III �'�'��hur I I � lll III �� hhhh(.�h .� hg l all, plllhns
......... ............. ............. ............. ............. ............ ............. ............. ............. ............. ............. ............. ............. ............. .................
Type of E44SURg Tree Type of ReplaGerne-+ True
......... ............. ............. ............. ............. ............ ............. ............. . ........................ ................... ......... ............. .................
f aI19p a Tr®n (`anony Tree '....I ar`va C1ol C 711 A'. nnnrdit t
(r 7A11 `)/111 fee 4 4e balm Trees
......... ............. ............ ............. ............. ............ ............. ............. . ........................ ................... ......... ............. .................
Canopy Fee
(C '7/111 f`aImnr\
......... ............. ............ ............. ............. ............ ............. ............. . ........................ ................... ......... ............. .................
Canopy I Fee 4peo2
I-')A 11 Caliper)
......... ............ ......... ......... ............. .......... ............. ............. . ........................ ................... ......... ............. .................
Cnll Q. nn.,.J111rn Cion nl Trnnc
u.�
1 sII IIS: W u ::l llu� ll.11�:�ahul�h�u�r;uhu II "�u�„u„Il��ri Ilii �u, „uulll hull ,,,,,,
h h ....... ............. y.........
...... ..V.. p ......... .....:.. .
.........
il hui hIIuI of
ull ais I Ohlull 1 m1
le trees
....... ... ...... ..... ..............
:� �� h� b huuuh�uull l h I��If trees hemi foil hre Il a§s
9 24
SIS
A nunfl��Ieil d, IS
I Large palms tree-s8re those species, SUch as Florida Royal, Canary Island Date, O[
any other palm species determined by staff, to provide similar or greater shading
2 The cumulative caliper inches of existing trees to be removed shall be replaced on-
sitewithanequa| orQreaternumberofca|iperinoheoofarep|acement reeor
trees.
�
to a size Of 4
'Fee Lip t
-Fees shall be required -11 of four IAI /+Rl
matheina o0f. Founding shall be used Wh-en tabula ...Zj
1-1 Y trunk size equal to oer greater than 24 emiper
�
10 25
D. Forestry Practices and Procedures.
1. General. The Director of Planning and Zoning or designee shall use the " Urban
Forestry Manual ", United States Department of Agriculture Forest
Service, 200-6 edition or latest supplement thereof as the arboricultural standard when
determining which forestry practice or procedure to apply when reviewing the following types of
activities: 1) any proposal to relocate, replace, or remove trees that are subject to the standards
and permitting processes of this article; 2) any proposal where the grade of the site is to be
raised or lowered around an existing plant; 3) where ditching for utilities, foundations, swimming
pools, driveways or the like will severely cut root systems; 4) where large paved areas will
delete the water supply and aeration necessary for the life of the tree or shrub; or 5) where a
change in the grade or drainage of development will seriously harm natural areas to be retained.
2. Land Clearing and Construction.
a. Vegetation that is set aside for preservation shall be protected from all on-site
construction. During the land clearing and construction stage of development, the developer
shall erect and maintain protective barriers (to city requirements consistent with best
management practices) around all trees or groups of trees to be protected. The developer shall
not allow the movement of equipment or the storage of equipment, materials, debris or fill to be
placed within the protective barrier. Removal or re-grading of soils within preservation areas is
prohibited. Any damaged vegetation located within the set-aside areas shall be replaced with
vegetation equivalent to the vegetation destroyed.
b. During the construction stage of development, the developer shall not allow the
cleaning of equipment or material within the drip line of any protected tree or groups of trees.
Neither shall the developer allow the disposal of waste materials such as paint, oil solvents,
asphalt, concrete, mortar, and the like within the drip line of any tree or groups of trees.
c. No attachments or wires other than those of a protective nature shall be attached to
any tree.
d. If more than one (1) native terrestrial plant community is present on-site, areas
representing all existing plant communities shall be preserved on-site unless preserving more
tha.in one (1) particular community is more ecologically beneficial.
E. See4iwng
,r a nn. i^"inn .":
, ..'�.. Properties shall .e !I' r ' with roug t tolerant
grass or other Florida-Friendly landscape material, ^^d ulGhed within thirty (30) days after any
clearing, grubbing, excavating, or filling activity, or prior to request for inspection to close out the
tet-;; permit, whichever occurs first,
In the case where other site work is to occur and seeding
Will nn+ be r.,,rf.,rrr,n.J the other site precautions, such as silt or erosion control fencing as
deemed appropriate, protection of storm drains, etc., shall be immediately implemented. Staff
shall insect�®
p the seeded ^nd L+1oh ;;Jit �i1p areas to ensure that adequate ground coverage
has been obtained.
nn®®nrar+cl is �n^no�lich®rl
Repeated seeLd;,Rg-a-n_d-R4uIGhi"g .;-4 ..-+;I +k-
(Ord. 10-025, passed 12-7-10; Am. Ord. 11-019, passed 8-2-11; Am. Ord. 12-016, passed 10-2-
12)
Sec. 5. Fertilizer Regulations.
11 26
See X";, h 11C�1 KH1 1!!R h 111111 Ii J&:: VIII �;mW h A h 111 ',JS....of h:h ii ^s CIa :ugj to 'or...:the fI:.IprtHu a zo::,ii.
up lr hu:�1111 fll oII�s
A. Purpose and Went. This seotion regulates the proper use of feFtilizem by any 1
fequ;Fes pre--- Ira;,Fn,;,Fn,g--f G-RIM&M-bi n-. establishes training
fertilizer appliGatien rates and methods, fertilizer free zones, an-d-exemptiens. This SeGt;eR
1
Observed in and On P-alm BeaGh 9
lakes,rivers, speaks, GaRaIG,
estuaries and other-water bodies. ColleGtiVely, these water bGdJes9
B. AppliGability. This seGtien shall be applin-able to and �J -Y
of 1_0 Elam.. Le urban I-ands-apes I—
9
VV 1-10n .16- spaG...'Ga'y-e*efl*ed by SeGtiOR this Wtiole. This seGtien shall be
PFeSPe(3'L';.Ve w-.-.!Y, -and shall net impair any existing een,trael.-.
Timing OfFertilizer Annlina-e#igre
i. No app licate.,shaIl apply fertilizers eontainiRg Ritffogen an-Al F.PhORJS +10 turf an-dIef
laodsea-pe-plants dUFiRg he prohibited applie-ation period, OF to saturated sails.
sadding a site, and shall net be applied for the first thirty tQn% days afleF seedin-- A4A1
Ganalef
9
be fertilized in this ZORe Only far a sixty (601 lay pene"inRing 4-W4-y ['In\ days after plant;.Rg,
difeet deposition of fe Ft.;liZeF in#n the water-.
E. Fertilizer Content and L1pplin_s#on Rates.
---!;---I +,a turf W;.+,.'-..;R the City Of BeyRtOR BeaGh shall be app Hed ;R -GGOFdaRoe
11
1
far Urban Turf 11
!1Y ggn#71ndY
1_1_��_ , __, and I.-, trees and s, rubs, unless a soil or tissue defiGieHGY_h�
been e®nrified Fee®an nnrerreyed #nc#
12 27
fe-eGnim-endations in Test
1!
PFE)te-+L.;E)R, dat--d January 2nn7, as may be amended. Fertilizer use' at park OF athletiG fields
na with. 0111 C_°I nnQt,)N C
F. Fertilizer Annli.Gat nn ronfir.ac
away suFfaGes, f zones and water bodies, inc-IN-4; g wetkin4s-.
fertilizer appIied, GO'led, 4
2. Fee
any etherlegal site, or returned to the-Gri.
/ehnlwln6r•
3. in r e washed, swept, or .1:,,4qWR-ef1_WFl_pePAGus
1 f
4.
I I .. In GF;1 laF r;1e.n. lc< I nndsoape rrsnr.-.
nnnlin"hla nhrlac and reel ulatihnr
1. Bona fide farm e-erat;eR_- ---- defined in t F 1 a nda Right to Farm AGt, F.S. �Z Q')Q.I A1
2. Qth_e-r�perties Rot sul,;eGt te or GOVW861 under the Fierida Right to Farm AGt that hav-e
pastures used for grazing liyesthhlL• nr
he effeets of-fertilizer use on urban S4"E)FMwa4,-eF, water q-iality, aagFonomilss, or hE).,+L.;Gu!41-u re-.
I. Train_.
1
he
1
11 offered by the Fig ;da
fAr
!@Plenda endly 11
program er-an-appreve
and Ill/Slant nrhnr7m
9
reGGMMeRd ions of the University of Par;
11 Program"
label ;-ctrl Int;- 6 Wk-- fa rtiIizeFG
13 28
+ nref a�rrri7l ennli c
11'
I_I,IIIZeF to turf 111-1-0111ZI, I I- III IN—
1
9 9 1
eon that 11he busiriess
91
!1
industries"
and/or landseape plants Shall provide proof of eornpletion of the PFE)gFaFn to the GilLy ofBoyntGR
1@
2. After july
2019, all GGpn.—eFG;--' appliOaters Of fertiKzerwi.1LI-.in the G;+" shall have-apd
1
11
per
YrRule 5F=
14.1170
/1.117( 1_11),
3. All bus;nesses to turf an_&1Gr-1_-14 sc-ape plants 'OnGluding, k..+
1@
tnes!1
arnended and the L Of Bey.-.1.en-B.e-o.1.Ce_1e of Ordinanees, as Fnay be amended, or he
-ranted b- A 1 or, I—— ke amended. The G;+y Of Boynton BeaGh Fria- also Our we any
o}her nnfnrnnrnnn} rnrner"no ne®eilnhln e} l]\A/nr in eq lite®
nal • .
Failure to Gernp h the requirement of this aFtiGle shall c-e_P_St#6lte_a-AGl_at
fine net to-exSeed $'5500 per iRGident for a repeat vielation, and, ;R-a-,4,-4;1+.,- , Frey-;
nnnsid eyed a separate inrirle rt
violation;2. in deterrnining the amount of fi. - t l-+ -k-..1,4 k- ;-----,4 the Cede EnfGFGeFnent
fine nn}to evrererl '1 9rd(NV1 ner violation mrn® he FnpEece '
1
ma,, fimnl
adpa4#strafive Order Of the Cede E-RfePGepneRt Board OF gpeOial-Mast&F-19-the G;FG61;+ GOI'Ft. S...h
aR-appe-al shall not be a hearing de Rove, but &l4alml-1_,e4,rR.;+
.9-ap,pall-ate review of th-e-FeGer4
GFeated before the Beard OF gPeGial Master. An -a Pp p aa 1--h—a I I k- f;l-,4 +k;,+,, fQt)\ A-- -F 4-k^
everl 1}inn of the order to he appealed
(Ord. 19-019, passed 7-2-19)
14 29
Sec. 6. Hazardous or Diseased Trees or
Any dying OF dead 'Fee the Gity de
1
e remove LA
-Provided the sub;e-I tree ims�nqeveeLin.de.,thee _pe.Mia.. el a in aGOeFdanc-e
diseased tFees or those in a Gondition that oould potentially Gentaminate Other trees, suGh ast4e
lethal yellowing Of eaconut palm
. II d1 ;.ardou.us1.? (�.iiseas d du riu II ,,dMu a shiwllIl Il lDe.ure0eww eij
uin id.u, c�)r(:Ja ig(::.e Widh the...Il mw e di.Vr s e� forth ii uu a Il uwuu IIIIIIII,...Q b2pdgE 2, &±cde III Se d,u iri 5 C
(Ord. 10-025, passed 12-7-10; Am. Ord. 19-019, passed 7-2-19)
Sec. 7. reh;'-,;+ed Trees, ^ . and Invasive Species.
A. General. Plants classified as a Category I species on the ^1�rrap+ prnhihi+e list published
by the Florida Exotic Pest Plant Council (FLEPPC) are pip Il pitll 'ilu a within the city.
B. , s �.�"wu;;;;u�;eggw j lll.species
emova an Mitigation. ..:�....ILitclassified as a r'�..::L.:
11nder this 6u section shall be removed at the expense of the property owner prior to
commencement of construction in accordance with the following:
1. Vacant and Undeveloped Property.
a. Less than Two 101 A GFes. if the paFoel of pFope,+y ;s less than +
b. TWO I'll AGres Or Greater. if the paFGel Of PFOPeFtYi6 equal to Or greater_t4aR4wa424
^pro
a land de--.—,r___ permit A, Ill wuwr.d °l ill...d::....h"dd...!L..h::ICaI.'ild; shall be required in accordance with the
procedures set forth in Ghapter 2 AFtiGle W, Sent;--.- _3 Il 11 111"I IIIIILIII, Il,11:,:). h!g'2, 8ftcle IIIII, Secdoom 5 .
to remove exatio and invasive species, eXGeP+where ex mvv+ 1 Ap +ho prn,acinpc
1. . above
2. Developed Property. On properties that have valid plvl s^ :(;� 2p site plan (landscape
plan) approval, -Red--14-4 n!a\/6lnnmo1n+�+n�,rY,,�+ i Ill:ui,id�fu.�.umll::d. "....I1�2!:d:.R.d..R.t.....shall be required to remove
invasive w'Pil:;ilu.; 4e e s thic.nt t.ee were C1W vie 1cly approve as part /1f nr
nun+in nr L...:':1.... 1
IIIc w3colydaiI'ic
wudll.... also II :�u I pn .1 at the expense of the
!bl h .Il.��w i .di hurw uu ai thr�... Idi: u.... �w�u�iiu. S �r du ,.
property owner. " is eonStFued ILE) include
master site plan and teGhnieal site plan applie-ations, and to ultimately mean Ike preeess by
w iGh a lanrdonapn plan is proprn®®nrl
(Ord. 10-025, passed 12-7-10; Am. Ord. 11-019, passed 8-2-11; Am. Ord. 19-019, passed 7-2-
19)
Sec. 8. Appeals.
A. General. Any aggrieved person may appeal a decision of an administrative official in
accordance with ap+ A r ', )air IIIIII, Ilw apIg 2Z, [!d c e X,.,iu'Nl ll li"<d.11l i.
15 30
B. Environmentally Sensitive Lands. When appealing the provisions of Section 4.13.4.
above, the appellant shall address the following:
1. Whether the subject property is an environmentally sensitive land or contains
endangered, threatened, and rear species and/or species of special concern in accordance with
the definitions in Chapter 1, Article II; and
2. Whether the conditions placed on the development application are reasonable and
represent sound environmental practices necessary to mitigate possible harmful impacts upon
the subject property and are necessary in order to protect the health, safety, and welfare of the
citizens of the city.
(Ord. 10-025, passed 12-7-10; Am. Ord. 19-019, passed 7-2-19)
Sec. 9. Penalties.
The city or any other legal authority shall enforce any violation of this article pursuant to the
penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development
Regulations. In addition, the removal of each tree shall constitute a separate offense under this
article.
(Ord. 10-025, passed 12-7-10; Am. Ord. 19-019, passed 7-2-19)
16 31