O81-21~ORDINANCE NO. 81- ~/
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING THE CODIFIED ORDINANCES
OF THE CITY TO PROVIDE FOR CHAPTER 7-A
ENVIRONMENT ARTICLE 1, TREE PRESERVATION;
BY PROVIDING FOR A UNIFORM PROCEDURE FOR
DEALING WITH THE PRESERVATION OF TREES
WITHIN SAID CITY; REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR AUTHORITY TO CODIFY; PROVID-
ING FOR A SAVINGS CLAUSE; EFFECTIVE DATE
AND FOR OTHER PURPOSES.
!~HEREAS, the City Council of the City of Boynton Beach,
Florida is cognizant that in order to preserve the public health,
safety and welfare, it is necessary to maintain the environment
and aesthetics of said community; and
WHEREAS, the City Council of the City of Boynton Beach,
Florida, recognizes that there has been destruction of many trees
within the City due to development; and
WHEREAS, the City Council of the City of Boynton Beach,
Florida, recognizes the enormous value of trees and vegetation as
an energy/conservation measure; and
WHEREAS, the City Council of the City of Boynton Beach,
Florida, acknowledges the contributions for appropriate vegetative
landscaping to accomplishing the goals of conservation and energy
and efficient energy management as stated in the Comprehensive
Plan; and
WHEREAS, the City Council of the City of Boynton Beach,
Florida, recognizes there must be orderly development within said
City as well as the preservation of natural landscape and Wishes
to insure that both are done in an orderly fashion.
NOW, THEREFORE, .BE IT AND IT IS'HEREBY ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That the Code of the City of Boynton Beach,
Florida, is hereby amended and there is hereby created Chapter 7-A1
(Environmental Regulation) Article 1, Tree Preservation of said
Code which shall read as follows:
Chapter 7-A (Environmental Regulation)
Article 1. Tree Preservation
Section 7-A-1 Short Title. This Article shall be known
and may be cited as the "City Tree Preservation Ordinance"
Section 7-A-2 Purposes. The purposes of this Chapter
are to establish rules and regulations governing the protection
of trees and vegetative cover within the limits of the City of
Boynton Beach, to encourage the proliferation of trees and vege-
tation within the City as well as their replacement, in recognitio~
of their importance and their meaningful Contribution to energy
conservation and management, to a healthy, beautiful and safer
community attributable to their carbon dioxide absorption, oxygen
production, dust filtration, wind and noise reduction, soil erosio~
prevention, beach erosion protection, surface drainage improvement
beautification and aesthetic enhancement of improved and vacant
lands, and the general promotion of the health, safety, welfare
and well being of the community.
Section 7-A-3 Definitions.
(a) Buildable area. Buildable area shall be defined to
mean that portion of a building site exclusive of the
required yard areas on which a structure or building
improvements may be erected.
(b) City Inspector. The City Forester or any person
designated by the City Manager to enforce the provisions
of this Chapter.
(c) Drip line. A vertical line running through the
outermost portion of the crown of a tree and extending t~
the ground, provided, however, that the same shall not
be less than a ten (10) foot diameter circle which is
drawn from the center line of the trunk of a tree.
(d) Mangrove Trees. A mangrove tree is any plant belon
ing to any of the following species of mangroves,
Rhizophora mangle, the red mangrove; Laguncularia racemo
the white mangrove, and Avicennia nitida, the black man-,
grove.
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sa~
(e) Removal. Removal of trees also includes any inten-
tional or negligent act which will cause a tree to declir
and die within a period of three (3) years, including
but not limited to such damage inflicted upon the root
system of a tree by the operation of heavy machinery;
the change of the natural grade above the root system
of a tree or around the trunk of a tree; and damage from
injury of fCom fire inflicted on trees which results in ,r
permits infections or pest infestations.
(f) Shrub. Shrub shall mean a bushy., woody plant,
usually with several permanent stems, and usually not
over ten (10) feet high at its maturity.
(g) Specimen tree. A specimen tree shall mean a tree
which has been determined by the judgment of the city
inspector to be of high value because of its type, size,
age or other professional criteria, and has been so desig-
nated and that designation has been officially made and
promulgated as part of the official records of the City if
Boynton Beach.
(h) Tree. Any self-supporting woody perennial plant
which has a trunk diameter of two (2) inches or more
when measured at a point four and one-half (4 1/2) feet
above ground level and which normally attains an overall
height of at least ten (10) feet at maturity usually witl
one main stem or trunk and many branches. It may appear
to have several stems or trunks as in several varieties
of oak. Ail mangrove trees shall be included-hereunder,l
which are four (4) feet or more in height. ·
(i) Yard area. Yard area shall mean the 'front, side an~
rear yard areas as established and requried under the
comprehensive zoning code and the zoning district require-
ments as applicable thereto.
Section 7-A-4. Application.
The terms and provisions of this chapter shall apply to
real property as follows:
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(a) Ail real property upon which specimen trees are
located which trees have been designated as such under
the provisions of this chapter.
(b) Ail vacant and undeveloped property.
(c) Ail property in all zoning classifications that
is intended to be redeveloped.
(d) The yard areas of all developed property except thai
property which is developed with single-family or two-
family dwelling units, provided the trees designated as
specimen trees are not involved. Developed as used in
this Section shall mean those parcels of land within
approved subdivisions which contain roads and utilities.
Section 7-A-5 Permit required.
(a) Tree permits. No person, organization, society,
association or corporation, or any agent or representa-
tive thereof, directly or indirectly, shall cut down,
destroy, remove or move, or effectively destroy through
damaging, any tree as defined by this Chapter, situated
on a property described above without first obtaining a
tree permit.
(b) Land-clearing, removing or filling permits. No
person, organizatin, society, association, or corporati~
or any agent or representative thereof, directly or in-
directly, shall engage in land-clearing, land-removing,
or land-filling activities in the City of Boynton Beach
or use, operate, propell or maintain in use any bulldoz~ ,
pay loader, front end loader, back hoe, drag line, powez
shovel, road grader, dump truck, dredge, sand pumping
machine, pump line, fill spreader or other heavy duty
land-clearing, land-removing, or land-filling equipment
without first obtaining a permit.
Section 7-A-6. Application for permit.
Ail permits required under Section 9-A-5 shall be obtaiqed
by making application for the permit to the J
building
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department. The application shall be accompanied by a written
statement specifying the location of the property and the expected
land use and indicating the reasons for removal, relocation or
replacement of trees thereon. Said application shall be accompanied
by four (4) copies of a legible site plan drawn to a minimum scale
of one (1) inch equalS twenty (20) feet unless, in the discretion
of the city inspector, it has been determined that a lesser detaiI~d
scale site plan of the area involved, either in whole or in part,
will be sufficient for the purposes of this chapter in which case
an appropriate substitution shall be acceptable. Aerial photo-
graphs having a minimum scale of one (1) inch equals fifty (50)
feet may also be submitted for consideration of the city inspector
as such an acceptable substitute for a site plan.
Section 7-A-6.5 Alternative application proCedu~res.
(a) If ~e activity which requires a permit under Sectio~
9-A-5 is being taken as a portion of a project which requires
site plan review under the zoning ordinances of the City, then
the review procedures under this Chapter shall be conducted by
the Planning Department, Technical Review Board, and the city
inspector in accordance with the city ordinances and the tree
permit shall be issued by the building official in connection with
the permits for development.
(b) If the activity which requires a permit under SectiQn
9-A-5 is being undertaken as a portion of a project which requires
isubdivisi°n City Subdivision Ordinances, the
review
under
the
ipplicant shall submit plans as described in Section 9-A-6 of
this
hapter at the time of his pre application approval (or if it is
a PUD or PID, at the time of master plan approval). The review
shall be conducted by the Planning Department, the Technical Revie~
Board and the city inspector. The tree permit shall be-i~ssued
by the Building Department following final plat recordation.
Section 7-A-7. Site Plan information.
Site plans submitted in connection with applications
for permits for the removal, relocation or replacement of trees
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shall include-the following information and details which shall be
summarized in license form on the plan:
(a) Location of all existing or proposed structures,
improvements and site uses, properly dimensioned and ref~erenced
property lines, set back and yard requirements and spatial rela-
tionships.
(b) Existing and proposed site elevations, grades and
major contours.
(c) Location of existing or proposed utility services.
(d) The common and botanical names, sizes and location
of all trees or shrubs on the site, designating the trees, shrubs
or natural vegetative cover which are respectively to be retained, i
removed, relocated or replaced. Groups of trees in close proximit~rl
may be designated as "clumps" of trees with the predominate type,
estimated number, and average diameter noted.
Section 7-A-8. Alternate site plan information.
In the event that there are no trees, shrubs or vegetati re
cover located on the site to be developed which are required to be
protected under the provisions of this Chapter, the applicant shall
so state in his application for permit hereunder. If such stateme ~t
is substantiated by a field inspection of the site by the city
inspector, the applicant shall be relieved of the necessity of
supplying unnecessary or unimportant information.
Section 7-A, 9. ~re-application inspection service.
In connection with the applications under the alternate
site plan procedure and in connection with applications involving
large tracts of property, the city inspector shall make his servic s
available for pre-application inspections of the sites involved.
Section 7-A-10. Application processing and review.
Upon receipt of a proper application pursuant t~o this
chapter together with apyment of a fee required thereon, the
building department shall promptly review the same~and shall forward
said application to the appropriate city departments for their
detailed examination review and report.
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Section 7-A-11. Issuance of permits.
If the ·building inspector, based upon the recommendation
and findings of the city departments, is satisfied that the work
of removing, relocating or replacing trees, shrubs or natural
vegetative cover, described in the application for permit and the
drawings filed therewith conform to the requirements of this
chapter and the other laws and ordinances applicable, he shall
zssue a permit therefor to the applicant.
Secnion 7-A-12. Special conditions for issuance of
permits for removal.
No permit shall be issued for the removal of trees, shrut
or vegetative cover unless one of the~following conditions exists:
(a) The tree is located in the buildable area of yard
area where a structure or improvements may be placed and it un-
reasonably restricts the permitted use of the property and such
tree cannot reasonably be relocated elsewhere on the property.
(b) The tree cannot be relocated on or off the site
because of the age, type, or size of the tree.
(c) The tree is diseased, injured, in danger of fallingi
too close to existing or proposed structures, interferes with
existing
utility service, creates unsafe vision clearance, or
conflicts with other ordinances or regulations.
(d) Where tree removal is conSistent with an approved
subdivision plat or site plan.
(e) It is in the welfare of the general public that the
tree be removed for a reason other than set forth above.
Section 7-A-13. S_p_~_~ial~_._t_~ons for' issuanqe of ~ ts
for ~-~location o~ replacement~ --
Pursuant to an application for ..... ~ ..... ~ ......
which interfere with the buildable area of the site to an alter-
nate location on the property or as a condition to the granting ofl
a removal permit hereunder,
the applicant may be permitted, where
practical, to relocate the tree being removed to an appropriate ne
location
on the site. Similarly, an applicant may be permitted to~
replace a tree being removed with another tree to be located else-
where on the site. Ail replacement trees shall be of a type that
will attain an overall height at maturity of at least fifteen (15)
feet and a trunk diamener at maturity of at least three (3) inches
measured four and one-half (4 1/2) feet above grade, and shall be
a minimum of ten (10) feet in overall height when planted.
Section 7-A-14. Tree removal or relocation permit fee.
Permins for removal, relocation or replacement of trees
pursuant to the regulations and controls provided under the city
tree preservation ordinance are hereby established in accordance
with the following schedule:
(1) Three dollars ($3.00) per lot for each lot contained
in the legal description of the property, or five dollars ($5.00)
per acre, whichever is larger.
(2) Minimum fee to be ten 'dollars ($10.00) per applicat~
Section 7-A-15. T__ree protec~io_ n.
(a) During the land clearing and construction stage of
devel~ , the developer shall erect and maintain proteCtive
(to City Inspector's speci~fications consistent with good
management practices) around ~11 trees or groups of trees to be
protected. The developer sha{1 not allow the movement of equip-
ment or the storage of equipment, materials, debris or fill to be
placed within the protective barrier.
(b) During the construction stage of development, the
per shall not allow the cleaning~of equipment or material
within the dripline of any tree or groups of trees to be protected
Neither shall the developer allow the disposal of waste materials
such as paint, oil solvents, asphalt, concrete, mortar and so on
within the dripline of any tree or groups of trees.
(c) No attachments or wires other than those of a pro-
tective nature shall be attached to any tree.
(d) During the land clearing and construction stage of'
development, the director of the building department or his
assigned officer, shall periodically inspect the site to insure
compliance with the provisions of this chapter.
Oil
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(e) Tree location and replacement activity permitted
or required under this chapter shall be done in accordance with
standard forestry practices and procedures (reference "Tree Pro-
tection Manual for Builders and Developers", issued by the State
of Florida, Division of Forestry, on file with the City Clerk) ,
and all such plantings shall be reasonably maintained and attended
to promote successful establishment thereof.
Section 7-A-15.5. Hazardous Trees exempt.from ~ritten
permit requirement.
In the event that any tree shall be determined to be in
a hazardous or dangerous condition so as to endanger the public
health, welfare or safety, and requires immediate removal without
delay, verbal authorization may be given by the building depart-
ment and the trees removed without obtaining a written permit as
herein required.
Section 7-A-16. ~xceptions due to emergencies.
During the period of an emergency such as a hurricane,
tropical storm, flood or any other Act of God, the requirements
of this chapter may be waived by the building department.
Section 7-A-17~ Exemptions to nurseries.
Ail licensed plant or tree nurseries or tree farms shall
be exempt from the terms and provisions of this chapter only in
relation to those trees planted and growing on the premises of
said licensee, which are so planted and growing for the sale or
intended sale to the general public in the ordinary course of said
licensee's business.
Section 7-A-18. Exceptions for betterment plans.
Applicants for permits shall be entitled to demonstrate
by means of a proper landscape plan than an improvement or better-
ment of the environment can be accomplished over the existing site
conditions, if such landscape plan is carried out to its fullest.
If such a detailed landscape plan is so offered and is accepted
by the City, the applicant shall guarantee by adequate bond or other
City approved surety the faithful adherence and completion of suchI
landscape plan. The surety shall:
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a) Run to the City Council,
b) Be in a form satisfactory and acceptable to the
City Manager,
c) Specify the time for completion of the require-
ments as determined by the City Manager.
Section 7-A-18.5. ~xemptions for public utilities.
Ail public utilities may remove without permit, trees
which endanger public safety and welfare, or which interfere with
utility services which are located within utility easements and
public rights of ways.
Section 7-A-19. Exceptions as to certain trees.
The following trees or types of trees shall be exempt
from the terms and provisions of this chapter:
(a) Any diseased, infected or infested trees.
(b) Schinus terebinthin folius (Brazilian Pepper Tree).
(c) Metopium toxiferum (Poison Wood).
(d) Melaleuca leucadendron (Melaleuca).
(e) Causarina Spec. (Austrailian Pines).
Section 7-A-20. Disposal of diseased trees.
Trees which are found to be diseased by the City Inspect r,
i and to be in danger of contaminating other trees or of spreading
such tree infection or disease, shall be removed and disposed of,
if necessary, without undue delay and on an emergency basis, as
the circumstances may require. The lethal yellowing of cocoanut
disease shall be considered suCh an emergency type of tree infectiln
or disease.
Section 7-A-21. Designation of specimen trees.
The city forester may by written request to the city
manager recommend from time to time the establishment of official
designation certain trees located within the City of Boynton Beach
as specimen trees. Upon receipt of such a written recommendation,
the city manager shall review same and add thereto his own comment
and recommendations. If the city manager approves such recom-
mendation, the matter shall be presented to the city council
for their determination. The city council shall notify by certi-
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fied mail the affected property owner of the proposed hearing and
conduct a public hearing to consider the report of the city
forester and the recommendation of the city manager and shall eithgr
accept, modify or deny same and shall designate by resolution thos
trees it deems appropriate as specimen trees.
Section 7-A-22. Natural growth to be preserved.
Every effort shall be put forth on all undeveloped pro-
perty to retain particular area of natural vegetative cover that
is determined by the city inspector to be a fragile ecosystem,
unique, valuable or nearly extinct in our area, unless it would
unduly restrict the use of surrounding property or create a con-
dition of undue hardship on said owner.
Section 7-A-23. Natural vegetative cover on beach
dunes.
The natural vegetative cover on beach dunes shall be
preserved in an undisturbed state of growth as a fragile eco-
system. Such beach dune vegetation, grass, sea grape and tree
development shall be altered,' removed or changed only in accor-
dance with the requirements of this chapter except as to nature
trails, walks or pathways which may cross over same.
Section 7-A-23-1. Preservation of 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
which are important for sport and comme
trees also provide a habitat and shelte
organisms and are possessed of consider
well as providing for a storm surge bar
land development and construction there
with maximum possible conservation of m
Section 7-A-24. Procedures o
followed.
Ail necessary procedures outl
rcial fishing. Mangrove
r for birds and other
~ble aesthetic value as
rier. For these reasons,
on, should be consistent
angrove wetlands.
f city inspector to be
[ned by the city inspector,
shall be followed in instances where the grade site is to be
raised or lowered around an existing plant, where ditching for
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utilities, foundations, swimming pools, driveways or the like will
severely cut root systems, or where large paved areas will delete
the water supply and aeration necessary for the life of the tree
or shrub, or where a change in the grade or drainage of develop-
ment will seriously harm natural areas to be retained. In making
this determination of the necessary procedure, the city inspector
shall use the "Tree Pretoection Manual for Builders and Developers'
to determine what is reasonable under the circumstances~
Section 9-A-25. Public lands.
No tree shall be removed from any city lands, public
park or any areas of the public right-of-way except in accordance
with the provisions of this chapter.
Section 7-A-26. A~ppeals from decision of the buildin~
department.
Any person, organization, society, association or corporI-
tion, or any agent or representative thereof, aggrieved by any
decision of the building department or city inspector in the
enforcement of any terms or provisions of this chapter, may appealI
to the Community Appearance Board by filing within fifteen (15)
days after the date of the decision complained of, a written noticI
of appeal thereof with the city manager, with a copy of the city
clerk, which shall set forth concisely the decision appealed from
and the reasons or grounds for'the appeal. Each appeal shall be
accompanied by a fee of twenty-five ($25.00) dollars to cover the
cost of publishing and mailing notices of hearing. The community
appearance hearing board shall hear and consider all facts materia
to the appeal and render a decision promptly. The community
appearance hearing board may affirm, reverse or modify the decisio~
appealed from, provided than the community appearance hearing
board may be further appealed by person, organization, society,
association or corporation, or any agent or representative thereo~
aggrieved thereby, by applying to the city council for a prompt
review thereof by filing within ten (10) days after the date of th~
decision complained of, a written request for review with the city
clerk.
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Section 7-A-26.1. Effect of an appeal.
During the pendency of any appeal, any permit which has
been issued or approved, shall be stayed-until the final deter-
mination of same. The chief building inspector shall immediately
notify the permittee that an appeal ~as been taken and that the
operations sanctioned by the permit are to be held in abeyance
'until final determination of the appeal.
Section 7-A-27. Penalty.
(a) Any person or organiz~
corporation, or any agent or represe~
provisions of any section of this ch~
receive a fine of up to Five Hundred
Ltion, society, association or
Ltative thereof violating the
.pter shall, upon conviction,
Dollars ($500.00) and/or 60
tree shall constitut
days in the county jail. The removal of each
a separate offense under this chapter.
(b) Any person who violates the provisions of this
chapter shall be deemed guilty of a ~isdemeanor and the convic-
tion thereof shall be grounds for the revocation or suspension of
any permit granted for the construction or remodeling of any
building or structure on the site so involved.
(c) No building permit or certificate of occupancy shalt
be issued for any improvements upon a property where the provisions
of this chapter have not been complied with.
Section 2. Ail ordinances or parts of ordinances in conflicl
herewith are hereby repealed.
Section 3. Each of the provisions of this ordinance is
separable, including word, clause, ph
portion thereof shall be declared inv
shall not be affected, but shall rema
Section 4. This ordinance shal
rase or sentence, and if any
mlid, the remaining portion
in in full force and effect.
become effective in a
manner and time provided by the law.
1981.
FIRST READING this /~ day of ~g, , 1981.
SECOND and FINAL READING this jday of ~~
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
(Corp. Seal)
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