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R23-099 1 3 4 RESOLUTION NO. R23-099 S 6 7 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 8 FLORIDA, APPROVING THE APPLICATION 9 CORRESPONDING TO ORDINANCE NO. 23-014 TO BE 10 USED FOR WORK PROPOSED FOR THE EXISTING TREE OR 11 PALM; PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, as proposed in Ordinance No. 23 -014, this new Landscape Permit 14 application is required to review and inspect the proposed work to the existing trees and 15 palms, including removal and relocation; and 16 WHEREAS, the Landscape Permit application will provide an overview of the 17 replacement requirements for the removed trees and palms in accordance with the 18 Environmental Protection Standards in the Land Development Regulations; will allow the 19 applicant to plan the project and prepare the property in compliance, based on the 20 information and direction provided in the application; will permit the applicant to prepare 21 the necessary documents and plans for staff review, determination, and inspection; and 22 permits necessary information between the property owner and authorized agent; and 23 WHEREAS, upon the recommendation of staff, the City Commission deems it to be 24 in the best interests of the citizens and residents of the City of Boynton Beach to approve 25 the application corresponding to Ordinance No. 23-014 to be used for work proposed for 26 the existing tree or palm. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 28 OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing "Whereas" clauses are true and correct and are hereby S:\CA\RESO\Landscape Permit Application-Reso docx 30 ratified and confirmed by the City Commission. 31 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 32 approves the application, a copy of which is attached hereto and incorporated herein by 33 reference as Exhibit "A", corresponding to Ordinance No. 23-014 to be used for work 34 proposed for the existing tree or palm. 35 Section 3. This Resolution shall become effective immediately on adoption. 36 PASSED AND ADOPTED this 1st day of August, 2023. 37 38 CITY OF BOYNTON BEACH, FLORIDA 39 YES NO 40 41 Mayor—Ty Penserga 42 43 Vice-Mayor—Thomas Turkin +� 44 45 Commissioner—Angela Cruz 46 47 Commissioner—Woodrow L. Hay 48 / 49 Commissioner—Aimee Kelley 50 51 VOTE _ _0 52 ATTEST: 53 54 55 1 Au0-: 56 Maylee De -sus, MPA, M C Ty Pense' 57 City Cle Mayor/ 58 pyWON ‘ 59 ; k •FORA •.�F�++ APPROVED AS TO FORM: 60 (Corporate Seal) f ° \yam++ 62 t++• U INCORPORATED' 2° S i 63 +++ 19 ;• f David N.Tolces 64 • \ FLOR\V--- Interim City Attorney 65 `,,..,,-- 66 S:\CA\RESO\Landscape Permit Application-Reso.docx 01-Y 0,( ieCITY OF BOYNTON BEACH a 1r DEVELOPMENT DEPARTMENT PLANNING &ZONING DIVISION o` \)v 100 E.Ocean Avenue• Boynton Beach, FL 33435• (561)742-6369•PZMailbox@bbfl.us l'?-ON t LANDSCAPE PERMIT APPLICATION FORM Application Date: 1. PROPERTY OWNER INFORMATION 2. WORK LOCATION 1 Owner's Name: Job Address: Address: Subdivision: City: State Zip Parcel ID#: Phone: Fax: Email: 3. APPLICATION TYPE & DESCRIPTION OF WORK Tree and Palm ❑ Relocation ❑ Removal ❑ Replacement ❑ Canopy Replacement ❑ Payment In-Lieu of Replacement Reason for this Application: Description of Work: 4. APPLICATION CERTIFICATION AND ACKNOWLEDGEMENT Application is hereby made to obtain a permit to perform work and installation as indicated. Applicant certifies that no work or installation has commenced prior to issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction.This permit does not assure compliance with Homeowners Association's rules, regulation and/or deed restrictions.Applicant is advised to obtain approval from the Homeowners Association before improving any property. NOTICE: In addition to the requirements of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities, such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: Failure to record a notice of commencement may result in paying additional fee for improvements to the subject property. A notice of commencement must be recorded and posted on the job site prior to inspection. If intent on obtaining financing, consult with a lender or attorney before commencing work or recording your notice of commencement. FEE: $50 application fee plus $25 per removal of each tree or palm and $25 per relocation of each tree or palm. Fees are due prior to permit issuance, non-refundable or non-transferable. 5. AGENT / APPLICANT / CONTRACTOR INFORMATION Agent/Applicant: License No.: Company Name: Address. City: State Zip Phone: Email. 6. AGENT AUTHORIZATION FORM & OWNER CONSENT FORM Please provide original signed forms 7. AGENT/ APPLICANT/ CONTRACTOR SIGNATURE Name(Print): Signature: Date: S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 23-005 Tree Preservation&Mitigation\Landscape Permit Application\Landscape Permit Application_Final.docx I of 3 8. LIST TO BE COMPLETED BY APPLICANT* Tree/Palm # Caliper in inches for Identified Botanical Name Common Name Tree/Clear Wood or Relocated Removed Protected on Clear Trunk in feet for Plan/Survey Palm * Please add a separate list as needed. 9. SUBMITTAL REQUIREMENTS • A tree survey, tree management plan, mitigation plan, condition assessment including photos (good, fair, and poor), or combination thereof, as part of an application submission shall be provided. Such submittals shall be prepared by an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect. • A signed and sealed landscape plan is required unless it is waived by the Director of Planning and Zoning. • If irrigation work is required, a Building Permit shall be submitted to the Building Division in conjunction with this application. 10. REPLACEMENT Replacements shall be provided on-site, or payment in-lieu made to the Tree Canopy Trust Fund, as defined in Table 4-1-a Replacement, Table 4-1-b Canopy Replacement, or 3. Payment In-Lieu of Replacement of Part III, Chapter 4, Article I, Section 4.C. Mitigation of Existing Trees and Palms. 11. EXPIRATION and INSPECTION Approval of the Landscape Permit is valid for a period not to exceed six (6) months from the date of issuance. If the scope of work covered by this permit is not commenced within this time period, the permit shall expire and be automatically cancelled. Inspection shall be approved prior to expiration (Part III, Chapter 2, Article II, Section 5.C.9. Expiration). 13. 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, the Director of Planning and Zoning may allow the applicant to meet all or part of the replacement for trees or palms by paying into the Tree Canopy Trust Fund an amount of money according to the payment in-lieu schedule as defined in this application. The payment shall be made prior to permit approval. S•\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 23-005 Tree Preservation&Mitigation\Landscape Permit Application\Landscape Permit Application_Final.docx 2 of 3 a. A payment in-lieu of replacement for tree removal shall be calculated based on caliper measurements, as provided in the table below. Tree with a condition rating scale equal to or greater than fair: $250 per caliper inch • Example 1: Payment for a tree with 8.5 caliper inches is$2,125(8.5 X$250). • Example 2: Payment for a tree with 21 caliper inches is$5,250 (21 X$250). Trees with a condition rating scale of poor: A payment in-lieu of replacement shall be calculated at 80%of the above scale. b. A payment in-lieu of replacement for palm removal shall be calculated based on determination of palm canopy, as provided in the table below. Palm with a condition rating scale equal to or greater than fair $600 for a small canopy palm and $1,200 for a large canopy palm. • Example 1: Payment in-lieu of removed canary island date or royal palm: $1.200 • Example 2: Payment for cabbage palm or Montgomery palm is$600. Palm with a condition rating scale poor: A payment in-lieu of replacement shall be calculated at 80% of the above escalating scale. c. If trees are removed before obtaining authorization for removal, and the value of the removed tree(s)or palm(s)cannot be determined from any remnants, such value shall be calculated based on canopy areas in square feet(sq.ft.) determined by using aerial photography: photos; or review of a tree survey. A payment in-lieu of replacement for removed trees and palms shall be calculated, as provided in the table below. Table 4-1-d Payment In-Lieu of Replacement for Removed Tree(s)and Palm(s) Removed tree(s) $750 per 100 sq. ft. of a tree canopy area but no less than $750 per a tree • Example 1. Payment for 452 sq. ft. of a tree canopy area is$3,390(4.52 X$750) • Example 1: Payment for 78.5 sq ft of a tree canopy area is$750 Removed palm(s): $600 per 60 sq. ft of a palm canopy area but no less than $600 per a palm • Example 1: Payment for 218 sq. ft. of a palm canopy area is$2160(3.6 X$600) • Example 1: Payment for 62 sq. ft. of a palm canopy area is $600 d. A payment in-lieu of replacement for a specimen tree shall be calculated, as provided in the table below. Table 4-1-e Payment In-Lieu of Replacement of Removed Specimen Tree $500 per caliper inch. or$750 per 100 sq. ft. of the tree canopy removed. and additional payment $1 000 per tree in addition to mitigation or to a payment in-lieu for a removed specimen tree. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 23-005 Tree Preservation&Mitigation\Landscape Permit Application\Landscape Permit Application_Final.docx 3 of 3