23-014 1
2 ORDINANCE NO. 23-014
3
4
5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING
6 THE LAND DEVELOPMENT REGULATIONS, CHAPTER 2, ARTICLE II, SECTION
7 5. PERMIT APPLICATIONS AND AMENDING CHAPTER 4, ARTICLE I.
8 ENVIRONMENTAL PROTECTION STANDARDS, TO CREATE A LANDSCAPE
9 PERMIT REVIEW AND APPROVAL PROCESS AND TO MODIFY PRESERVATION
10 AND MITIGATION REGULATIONS; PROVIDING FOR CONFLICTS,
11 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
12
13
14 WHEREAS, the City's current Land Development Regulations (LDR) do not include a
15 procedure for tree and palm removal nor does it provide mitigation options for replacement with
16 the exception replacing the tree caliper; and
17 WHEREAS, the proposed amendments establish the procedure, submittal requirements
18 and review criteria for the Landscape Permit application to modify the existing trees or palms; and
19 WHEREAS, the amendment also proposes to update the City's tree preservation code to
20 contain different replacement options for tree(s) or palm(s) that are removed or to be removed;
21 and
22 WHEREAS, these amendments are designed for the city to create extensive sustainable
23 green infrastructure by promoting tree and palm preservation; and
24 WHEREAS, the City Commission of the City of Boynton Beach has considered the
25 recommendations and has determined that it is in the best interest of the citizens and residents of
26 the City of Boynton Beach, Florida to approve the amendments to the Land Development
27 Regulations as contained herein.
28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
29 BOYNTON BEACH, FLORIDA, THAT:
30 Section 1. The foregoing whereas clauses are true and correct and are now ratified and
31 confirmed by the City Commission.
32 Section 2. City of Boynton Beach Land Development Regulations, Chapter 2, Article II,
33 Section 5. Permit Applications is hereby amended as follows:
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34 CHAPTER 2. LAND DEVELOPMENT PROCESS
35 ...
36 ARTICLE II. PLANNING AND ZONING DIVISION SERVICES
37 ...
38 Sec. 5. Permit Applications.
39 ...
40 B. Zoning Permit.
41 1. General.
42 a. Purpose and Intent. The purpose and intent of this subsection is to set forth a well-
43 defined application process, review criteria, and uniform procedure for the processing of zoning
44 permits and zoning verification letters, to ensure that certain structures and site improvements
45 comply with the respective requirements and standards described in these Land Development
46 Regulations and the city's Code of Ordinances.
47 b. Applicability. A permit, issued by the Planning and Zoning Division, shall be required
48 for accessory structures and site improvements proposed on any parcel or development unless
49 otherwise specified herein. The following types of requests or improvements do not require a
50 building permit but do require a zoning permit or zoning verification. Such improvements or
51 requests include but are not limited to the following:
52 (1) Accessory structures, limited to a maximum of one (1) open air structure or gazebo
53 less than one hundred (100) square feet and used in connection with a principal residential
54 dwelling or use. Chickee huts are exempt from the above size limitation;
55 (2) Animal enclosures;
56 (3) Fences on residential property (single-family;two-family; and single-family attached
57 if fee-simple ownership)with a maximum height of six (6) feet; unless used as a barrier around a
58 swimming pool, spa, or rooftop equipment;
59 (4) Impervious surfaces that are unenclosed and uncovered, including but not limited to
60 driveways, patios, steps, stoops, terraces, sidewalks, and the like, regardless of proposed surface
61 materials (e.g., pavers, asphalt, concrete, etc.).
62 The zoning permit shall not be applicable to new impervious surfaces and improvements
63 normally administered by other Divisions in the city, such as by the Engineering or Building
64 Divisions. A land development permit (LDP) from the Engineering Division shall be required in
65 lieu of a zoning permit for any proposed driveway, patio, terrace, sidewalk, or the like in excess of
66 eight hundred (800) square feet. Impervious surfaces or improvements that would require a
67 building permit (in lieu of a zoning permit) include reinforced concrete pads connecting with
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68 existing buildings to be used as a slab for future building additions; required handicapped
69 accessible routes; framed decking improvements; or other similar improvements.
70 It should be noted that any proposed impervious surface and/or site improvement that
71 decreases permeable land area in excess of eight hundred (800) square feet on any given parcel
72 in the city shall be reviewed for compliance with the drainage standards of Chapter 4, Article VIII,
I73 Section 3.G:.and/or the Engineering Design Handbook and Construction Standards. This review
74 requires the submittal of a drainage plan prepared by a licensed professional engineer based on
75 the design standards referenced above.
76 (5) Community gardens. See site plan review (Section 2.F. above) for community
77 gardens containing storage and/or agricultural structures that are greater than one hundred
78 (100) square feet. All agricultural structures and storage structures greater than one hundred
79 (100) square feet shall require approval of a building permit in accordance with Chapter 2, Article
80 IV, Section 2.
81 c. Compliance with Florida Building Code. Any proposed structure or improvement that
82 includes an electrical, plumbing, or other similar component which is subject to compliance with
83 the Florida Building Code, shall require a building permit, and the review for such improvement
84 that would have been conducted as part of the zoning permit process, will alternatively occur as
85 part of the review for the building permit. See Chapter 2, Article IV for additional regulations
86 regarding the building permit review process and procedures.
87 2. Submittal Requirements. See Section 1.D. above for the submittal requirements of this
88 application.
89 3. Review Criteria. Each structure or improvement shall comply with the following: 1) all
90 zoning requirements of Chapter 3, including the supplemental regulations of Article V; 2) all
91 applicable site development standards described in Chapter 4; and 3) the applicable regulations
92 of City Code of Ordinances Part II. Notwithstanding compliance with the aforementioned
93 regulations and standards, their specific provisions are referenced as follows:
94 a. Fences. Chapter 3, Article V, Section 2;
95 b. Arbors, trellises, and pergolas. Chapter 3, Article V, Section 3.F.;
96 c. Open air structures and gazebos. Chapter 3, Article V, Section 3.G.;
97 d. Permanent sheds and storage structures. Chapter 3, Article V, Section 3.E.1.;
98 e. Decks, patios, steps, stoops, and terraces (unenclosed and uncovered). Chapter 3,
99 Article V, Section 3.B.;
100 f. Animal enclosure. City Code of Ordinances Part II, Chapter 4, Section 4-4; and
101 g. Driveways for single-family and duplex dwellings. Chapter 4, Article V, Section 2.B.
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102 4. Approval Process. The application shall be reviewed by staff and action will be taken by
103 the appropriate administrative official.
104 5. Expiration. A zoning permit is valid for a period not to exceed six (6) months from the
105 date of issuance. If construction of the improvement covered by the zoning permit has not
106 commenced within this time period, the permit shall expire and be cancelled with written notice
107 to the applicant.
108 6. Time Extension. An extension of the permit for a period not to exceed ninety (90) days
109 may be requested in writing by the applicant if received by the Division prior to permit
110 expiration. The fee for requesting a permit extension shall be approved by the City Commission
111 and may be modified from time to time.
112
113 C. Landscape Permit
114 1. General.
115 a. Purpose and Intent.
116 The purpose of this subsection is to set forth uniform procedures, application
117 processes, and information to guide modification to the existing trees, palms, or
118 vegetation located on a property.
119 b. Administration.
120 The Director of Planning and Zoning or designee shall have the authority to interpret
121 and administer this subsection.
122 c. Applicability.
123 Removal, relocation, replacement, or substantial alteration of a tree with a caliper of
124 three (3) inches or greater and a palm with a clear wood of six (6) feet or greater are
125 required to obtain a Landscape Permit, except for exemptions provided below.
126 2. Exemptions.
127 This provision set forth in this subsection shall not apply to the following:
128 a. Single-Family Homes and Duplexes
129 Individually platted lots containing single-family homes or duplexes located within
130 residential zoning districts are exempt, provided that they do not have a plan approved
131 under review of Part III, Chapter 4, Article I and II, or they do not contain specimen
132 trees. A specimen tree is protected in accordance with Chapter 4, Article I, Section 4.B.
133 Preservation Efforts;
134 b. Community Gardens
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135 Fruits, vegetables, nuts, and herbs that are planted and growing in a community garden,
136 which is approved by the City;
137 c. Licensed plant nurseries or tree farms
138 All licensed plant or tree nurseries or tree farms shall be exempt from this subsection
139 only in relation to those plants that are planted and growing on the premises for the
140 sale to the public in the ordinary course of such business;
141 d. Emergencies.
142 The provisions of this article may be waived by the Director of Planning and Zoning or
143 designee during a period of emergency, such as during a hurricane, tropical storm,
144 flood, or any other Act of God; and
145 e. City-owned and operated facilities excluding rights-of-way
146 3. Public Utility Agencies.
147 Public utility agencies may be authorized to remove or trim existing trees or palms that
148 interfere with infrastructure located within easements or rights-of-way, or which
149 otherwise endanger the safety and welfare of the public, without obtaining a landscape
150 permit. However, if the plant material was part of the approved plan, the responsible
151 party or property owner will be required to mitigate removal of the plant material. Trees
152 or palms that are removed or damaged by a public utility agency shall be replaced with
153 comparable material and provided on a tree-for-tree or palm-for-palm basis, as
154 applicable.
155 4. Hazardous and Diseased Trees and Palms.
156 Hazardous and diseased trees and palms may be removed under the supervision of an
157 arborist certified by the International Society of Arboriculture or a Florida licensed
158 landscape architect. The Director of Planning and Zoning or designee shall be notified by
159 the arborist or landscape architect with a condition assessment report and photos prior
160 to removal. Comparable replacement of such trees and palms shall be provided on a tree-
161 for-tree or palm-for-palm basis, as applicable, unless waived by the Director of Planning
162 and Zoning or designee.
163 5. Removal of Invasive Species.
164 Removal of invasive species, as defined in Part III, Chapter 4, Article I, shall be approved
165 with a Landscape Permit, and replacements of such removal are not required. If the
166 invasive species were previously approved as part of or contribution to a landscape plan,
167 or otherwise to comply with the standards of Part III, Chapter 4, Article II, removal of such
168 species shall be replaced on a one-for-one basis.
169 6. Review Criteria. A permit shall comply with the following:
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170 a. Consistency with characters and materials of the approved master plan or site plan;
171 b. Requirements of the zoning district regulations of Chapter 3, Article III;
172 c. Environmental Protection Standards set forth in Chapter 4, Article I; and
173 d. Landscape Design and Buffering Standards set forth in Chapter 4, Article II.
174 7. Submittal Requirements.
175 See Chapter 2, Article II, Section 1.D for the submittal requirements of this application.
176 8. Approval.
177 The Director of Planning and Zoning or designee shall review a complete application,
178 including submittals, and take action based on the review criteria set forth in this
179 subsection. A Landscape Permit shall be approved upon finding that all applicable
180 standards defined in the Land Development Regulations are met.
181 A Landscape Permit shall be approved after issuance of a Building Permit associated with
182 the site plan and corresponding landscape plan, if applicable.
183 9. Expiration.
184 Approval of a Landscape Permit is valid for a period not to exceed six (6) months from the
185 date of issuance. If the scope of work covered by this permit is not commenced within
186 this time period, the permit shall expire and be automatically cancelled.
187 10. Time Extension.
188 An extension of the permit for a period not to exceed ninety (90) days may be requested
189 in writing by the applicant if received by the Division prior to the permit expiration.
190
191 ...
192
193 Section 3. City of Boynton Beach Land Development Regulations, Chapter 4, Site
194 Development Standards, Article I. Environmental Protection Standards is hereby amended as
195 follows:
196 CHAPTER 4. SITE DEVELOPMENT STANDARDS
197 ...
198 ARTICLE I. ENVIRONMENTAL PROTECTION STANDARDS
199
200
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201 Sec. 1. General.
202 A. Short Title. This article shall be known and may be cited as the "City Tree Preservation
203 Ordinance."
204 B. Purpose and Intent.The city recognizes the inherent value of trees and other plant material.
205 Healthy vegetation aids in reducing destructive environmental factors to real property, such as
206 wind, noise, and the potential for erosion to the city's soils and beaches. Trees and shrubs
207 contribute towards energy conservation and management by producing oxygen and absorbing
208 carbon dioxide. They have a positive effect ion surface drainage, and help to provide a beautiful
209 and aesthetic environment for residents, businesses, and visitors. The purpose and intent of these
210 Regulations, therefore, is to promote the health, safety, and welfare of the community by
211 establishing rules and regulations governing the protection of trees and vegetation, in
212 conjunction with encouraging the installation and/or proliferation of healthy trees rand
213 ;hrubsplants amain appropriate locations and quantities.
214 C. Administration. The Director of Planning and Zoning or designee shall have the authority to
215 interpret and administer this article.
216 D. Applicability. The provisions of this article shall apply to ails real property in the city that is
217 intended for development or redevelopment, and when such tree for removal activity that is
218 initiated by the property owner or agent thereof.
219 E. Exemptions. The protection standards and permitting processes shall not apply to the
220 following The provisions of this article shall not apply to the exemptions identified in Part III,
221 Chapter 2, Article II, Section 5.C.2. Exemptions.
222 1. Single Family Homes and Duplexes. Individually platted lots containing single family
223 _ •- _ _ _ _ - - _ - _ - - • _ - family and two-family residential zoning districts are
224 exempt from the protection standards and permitting processes of this article, provided they do
225 not contain specimen trees. Specimen trees shall be protected in accordance with Section 3.B.
226 belew,.
227 2. Community Garden. All fruits, vegetables, nuts, and herbs shall be exempt from the
228 provisions of this article with respect to those that are planted and growing on the premises in
229 connection with a community garden and - __ e . _ _ -- e. -. _ . _ • _
230 permit or conditional use/site pian approval, whichever is applicable.
231 3. Nurseries and Tree Farms. All licensed plant or tree nurseries or tree farms shall be
232 exempt from the provisions of this article only in relation to those trees planted and growing on
233 the premises of such licensed business, which are so planted and growing for the sale or
234 intended sale to the general public in the ordinary course of such business.
235 /1. Public Utility Agencies. Public utility agencies are authorized to remove or trim existing
236 -- - - - - - - - - - - - _ ----- - - --
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237 otherwise endanger the safety and welfare of the public, without the requirement or need to
238 obtain a city permit.
239 5. Emergencies. The provisions of this article may be waived by the Director of Development
240 during a period of emergency, such as during a hurricane, tropical storm, flood, or any other Act
241 of God.
242 6. Hazardous or Diseased Trees. No permit is required to remove hazardous or diseased
243 trees, provided that the subject trees are removed under the supervision of a certified arborist in
244 accordance with the standards of the International Society Arboriculture (ISA).
245 F. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which
246 pertain to the regulations and standards contained herein.
247 G. Conflict.Whenever the regulations and requirements of this Code conflict with any other
248 lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive shall
249 apply, unless otherwise stated herein.
250 Sec. 2. City Approval Required.
251 No plant material or vegetation shall be cut down, moved or removed, destroyed or effectively
252 damaged without first securing the necessary ECity approvals-and
253 permits as provided hereunder, except in instances when exempt from these Regulations in
254 . _ _. - - - _ . . __ . -. The following processes and permits shall be available to
255 ensure that all clearing and grubbing aforementioned activities comply with the standards of this
256 article:.
257 A. Private Property and Public Lands. The property owner or agent shall file the following
258 applications prior to commencement of any of the aforementioned cl aring and grubbing
259 activities as applicable:
260 1. Site Plan Review.
261 - - - - -- - - - - - - " - - - - - - - - ' - - - - -
262 single family and two family residential zoning districts, tThe site plan review process shall be
263 required and reviewed in accordance with the procedures set forth in Chapter 2, Article II, Section
1264 2.F. prior to the issuance of any land development permit. For the purpose of this subsection, the
265 term "site plan" is construed to include master site plan and technical site plan applications, and
266 to ultimately mean the process by which a landscape plan review and approval oved.The
267 City Forester may require the submittal of a tree survey, tree management plan, Native Florida
268
269 when determined necessary to identify specimen trees or to ensure compliance with the
270 preservation efforts of Section 3. B. below.
271
272
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273 2. Land Development Permit.
274 The land development permit process shall be required, and initiated only subsequent to the
275 approval of a site plan (landscape plan) application, except in those instances when site plan
276 review is not required.The ILand 4Development pPermit application shall be processedrequired
277 and reviewed in accordance with the procedures set forth in Chapter 2, Article III, Section 3.The
278 City Forester may require the submittal of a tree survey, tree management plan, Native Florida
279
280 application, when determined necessary to identify specimen trees or to ensure compliance with
281 the preservation efforts of Section 3. B. below. The issuance of a land development permit shall
282 not relieve any party from obtaining the necessary permits,which may be required by the various
283 federal, state, or local government agencies,
284 3. Landscape Permit.
285 A Landscape Permit shall be required and reviewed in accordance with the procedure set forth in
286 Chapter 2, Article II, Section S.C.
287 B. City Rights-of-Way Permit.
288 A(Right-of-wWay pPermit application shall be required and reviewed for any proposal to
289 remove plant material from a city right of way in accordance with the procedures set forth in
290 Chapter 2, Article III, Section 4. The City Forester may require the submittal of a tree survey, tree
291 management plan, Native Florida Ecosystem Survey or Inventory, or a combination thereof, as
292 part of the city right of way permit application, when determined necessary to identify specimen
293 trees or to ensure compliance with the preservation efforts of Section 3.B. below.
294 Sec. 3. Preservation Principles.
295 A. High Ecological Importance. Areas that are considered to be of high ecological importance
1296 should be given the highest priority for protection. These areas include but are not limited to the
297 following: 1) have occurrences of federal and state listed species of flora and fauna; 2) have
298 biological diversity; 3) are located in aquifer recharge zones; and 4) are known to provide habitat
299 for inhabit threatened and endangered species of fauna and flora. Therefore, the following these
300 natural areas shall be protected as-fellows:,
301 B. Easements and Rights-of-Way. Utilities, stormwater easements,and rights-of-way should
302 avoid preserved areas.
303 C. Contiguity. Areas set aside for preservation should be contiguous parcels of land that are
304 interconnected and considered viable habitat for wildlife to the extent practical. Small
305 fragmented areas of preservation should be avoided when possible.
306 Sec. 4. Standards.
307 The following standards shall be considered in order to ensure the protection of existing
308 vegetation:
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309 A. General.All proposed developments shall be designed to preserve, perpetuate, and
310 improve the existing natural character of the site. Existing native trees and other landscape
311 features shall, to the maximum extent possible, be preserved in their natural state; and additional
312 landscape features shall be provided to enhance architectural features, to relate structural design
313 to the site, and to conceal unattractive uses. In all instances the ECity's landscaping requirements
314 and all other applicable regulations shall be fully complied with as minimum standards. No tree
315 shall be removed from any city property, lands, public park, or any areas within a city right of
316 way except in accordance with the provisions of this article.
317 High-quality areas placed in preservation shall be retained in entirety in their current or
318 improved natural state, and protected in perpetuity regardless of ownership. This requirement
319 may be negotiated to create contiguous preservation among plant communities. During the
320 site plan review process, the applicant shall be required to prove that the highest ecologically
321 valued land is being retained first.If the preservation of the highest ecologically valued land
322 produces undue burden on the development renders infeasibility of the site development, it shall
323 be the applicant's responsibility to prove such hardship and provide an acceptable alternative for
324 approval.
325 Rights-of-way and areas determined to be future rights-of-way in the Comprehensive Plan
326 and utility or drainage easements shall not be allowed as designated set-aside areas for
327 preservation purposes.
328 B. Preservation Efforts.
329 1. Beach Dunes. The natural vegetative cover on beach dunes shall be preserved in an
330 undisturbed state of growth as a fragile ecosystem. No beach dune vegetation, grass, sea grape,
331 and tree development shall be altered, removed, or changed except in accordance with federal,
332 state, county, and local regulations.
333 2. Mangrove Areas. Well-documented scientific research has established that mangrove
334 areas are the ecological base of the biological food chain for many important species, including
335 some species of fish that are important for sport and commercial fishing. Mangrove trees, which
1336 are of considerable aesthetic value, also serve as protection against storm surge as well a:-,and
337 provide a habitat/shelter for birds and other wildlife. For these reasons, land development and
338 construction thereon, shall be conserved to the maximum extent possible and only altered in
339 accordance with federal, state, county, and local regulations.
1340 3. Specimen Tree Designation. The Director of DevelopmentPlanning and Zoning may, by
341 written request to the City Manager, recommend from time to time the official designation of
342 certain trees located within the city as specimen trees. If the City Manager approves such
343 recommendation, the matter shall be presented to the City Commission for final determination.
344 The city shall notify by certified mail the affected property owner of the proposed hearing by
345 certified mail. The City Commission shall accept, modify or deny the staff recommendation. Any
346 proposal to remove a specimen tree shall be mitigated in accordance with Section 2.C. below this
347 Article.
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348 4. Environmentally Sensitive Lands.
349 a. General. The purpose and intent of this section is to preserve and protect the values and
350 functions of environmentally sensitive lands from alterations that would result in the loss of these
351 lands or significant degradation of their values and functions.
352 b. Applicability. This subsection applies to all properties that contain environmentally
1353 sensitive lands with an "A", "B", or "C" rating as pursuant to Table 2 of the Conservation Element
354 of the Comprehensive Plan.
355 c. Standards. The following standards shall promote the preservation of natural resource
356 sites:
357 (1) If the property proposed for development is greater than ten (10) acres, or is a
358 portion of a larger tract containing ten (10) or more acres of environmentally sensitive lands
359 designated as an "A" rated site, the developer shall be required to preserve a minimum of
360 twenty-five percent (25%) of all native plant communities on the site in one (1) unified preserve.
1361 Habitats shall be preserved with intact canopy, understory and ground cover.
362 (2) If the property proposed for development is greater than ten (10) acres and has been
363 designated as a "B" or "C" rated site, the developer shall be required to preserve a minimum of
364 twenty-five percent (25%) of all native plant communities on the site. The preserve areas may be
1365 separated into micro preserves. Habitats shall be preserved with intact canopy, understory and
366 ground cover.
367 (3) Natural resource sites identified in Table 2 of the Conservation Element of the
368 - _ -._. • - - - - - _ -- ! - - - -- ' - -- - _ --
369 {25%) preserve area set aside no - --e.-= - __ _ - = . - e-- .
370 (43) The specific location of the preservation area shall be determined during the review
371 of a master plan or site plan. If no master plan or site plan is required, then such determination
372 shall occur during the review of the proposed plat. The ultimate area to be preserved shall be
373 indicated on the approved plan a-or any corresponding plat. In determining the most
374 appropriate location for the preserve area within the site, the city shall consider factors, which
375 include, but are not limited to the following: proximity of the preserve area to developed and
376 undeveloped property; potential for immediate or future consolidation with environmentally
377 sensitive lands on abutting properties; ability to maintain the preserve area based upon
378 surrounding development and land uses; and the recommendations of staff or any consultants
379 retained by the city. The preserve area shall be maintained in accordance with a city approved
380 preserve arca management planthe Conservation Element of the Comprehensive Plan.
381 C. Mitigation of Existing Trees and Palms -e - - . 'e- _ _ _ -- . All existing
382 trees and palms that are not preserved in place or relocated on-site shall be mitigated in
383 _ .. _ - . - - - -- •_. - .. -- _ . ----- _ - _ --
384 be based on caliper dimension or type of tree mitigated by replacement on-site or payment in-
385 lieu of replacement as indicated in the table below:this subsection. The replacement shall be
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386 provided on-site as indicated in the tables below and comply with the standards defined in Part
387 III, Chapter 4, Article II. Landscape Design and Buffering Standards.
388 1. Replacement.
389 The equivalent replacement for existing trees shall be based on caliper dimension or types of
390 trees based on the condition rating as indicated in the table below. The replacement for existing
391 palms shall be provided on-site as indicated in the table below.
392
393 Table 4-1-a Replacement
Type of Existing Trcc Type of Replacement Tree
Canopy Trcc ' ar^tinge-rPaalmrr
(< 24" Caliper)(> 24" Caliper)Tr-ee4 Size Palm Trees
Canopy Tree
-14Fee2 4 eel 2 trees 3 ees2
{< 24" Caliper}
Canopy Tree 4ee2 4ee2 trees 3 trees s3
{>21" Caliper} �1
Large Palm Tree 4--tree e -1-tree 3 trees
Small & Medium Size Palm Trees 1 tree 4-tree 1 tree 1 tree
394
Condition Rating 4 Measurement Replacement 3
Tree Good or Fair Caliper inches 2
trees quivalent caliper inches of
Poor A number of trees Tree-for-tree basis
Comparable or same
Large Canopy Good, or Fair species on palm-for-palm
Palm 1 A number of palms basis
Poor Palm-for-palm basis
Small or Medium Good or Fair Comparable or same
Canopy Palm species on palm-for-palm
A number of palms basis
Poor ,Palm-for-palm basis
395 '° Large palms tree::are those species, such as Florida Royal, Canary Island Date, or any
396 other palm species determined by staff,to provide similar or greater shading-eempared
397 spy-#gee.
398 2 The cumulative caliper inches of existing trees to be removed shall be replaced on-site
399 with an equal or greater number of caliper inches of a replacement canopy tree or trees.
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400
401 3, A cluster of three (3) small or medium size palm trees shall be the equivalent
402 replacement of one (1)canopy tree up to a size of 21 caliper inche` One additional
403 cluster of palm trees shall be required for each increment of four (1)caliper inches (the
404 common mathematical rule of rounding shall be used when tabulating partial
405 increments). For canopy trees having a trunk size equal to or greater than 24 caliper
406 inches, no more than 50%of the caliper inches of the replaced canopy tree shall be
407 substituted with palm species. Trees and palms proposed for replacement shall be
408 comparable or same species to the maximum extent possible. Replacement trees for
409 mitigation shall not be substituted by palms; however, replacement of palms for
410 mitigation may be substituted by trees.
411 4.Condition rating shall be determined by an arborist certified by the International Society
412 of Arboriculture or a Florida licensed landscape architect.
413 2. Canopy Replacement.
414 If trees or palms are removed before obtaining approval of a Landscape Permit and calipers of
415 removed trees cannot be determined from any remnants, the number of required replacement
416 trees and palms shall be calculated based on the removed canopy areas in square feet (sq. ft.)
417 determined by using aerial photography; photos; or review of a tree survey. Replacement canopy
418 area credit shall equal the canopy area removed, as provided in the table below.
419 Table 4-1-b Canopy Replacement
Replacement Type Replacement Canopy Area Credit
Tree that spreads a least 30 feet in diameter at maturity 200 sq. ft.
Tree that spreads less than 30 feet in diameter at maturity 120 sq. ft.
Large canopy palm 100 sq. ft.
Small canopy palm 60 sq. ft.
420 3. Payment In-Lieu of Replacement.
421 Upon determining that replacement of removed or to-be-removed trees or palms is not feasible
422 due to the lack of available planting space, the Director of Planning and Zoning may allow the
423 applicant to meet all or part of the replacement for tree or palm by paying into the Tree Canopy
424 Trust Fund an amount of money according to the payment in-lieu schedule set by the City
425 Commission by resolution.The Tree Trust Fund shall be utilized to plant trees and palms, in
426 accordance with the standards in Part III, Chapter 4, Article II. Landscape Design and Buffering
427 Standards, associated with City projects or City Capital Improvement Projects.
428
429 D. Forestry Practices and Procedures.
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430 1. General. The Director of Planning and Zoning or designee shall use the "The Urban
431 Forestry Manual (L) Trees and Construction", United States Department of Agriculture Forest
432 Service, 200;6 edition or latest supplement thereof as the arboricultural standard when
433 determining which forestry practice or procedure to apply when reviewing the following types of
434 activities: 1) any proposal to relocate, replace, or remove trees that are subject to the standards
435 and permitting processes of this article; 2) any proposal where the grade of the site is to be
436 raised or lowered around an existing plant; 3) where ditching for utilities, foundations, swimming
437 pools, driveways or the like will severely cut root systems;4) where large paved areas will delete
438 the water supply and aeration necessary for the life of the tree or shrub; or 5) where a change in
439 the grade or drainage of development will seriously harm natural areas to be retained.
440 2. Land Clearing and Construction.
441 a. Vegetation that is set aside for preservation shall be protected from all on-site
442 construction. During the land clearing and construction stage of development, the developer
443 shall erect and maintain protective barriers (to city requirements consistent with best
444 management practices) around all trees or groups of trees to be protected. The developer shall
445 not allow the movement of equipment or the storage of equipment, materials, debris or fill to be
446 placed within the protective barrier. Removal or re-grading of soils within preservation areas is
447 prohibited. Any damaged vegetation located within the set-aside areas shall be replaced with
448 vegetation equivalent to the vegetation destroyedin accordance with this Article.
449 b. During the construction stage of development, the developer shall not allow the
450 cleaning of equipment or material within the drip line of any protected tree or groups of trees.
451 Neither shall the developer allow the disposal of waste materials such as paint, oil solvents,
452 asphalt, concrete, mortar, and the like within the drip line of any tree or groups of trees.
453 c. No attachments or wires other than those of a protective nature shall be attached to
454 any tree.
455 d. If more than one (1) native terrestrial plant community is present on-site, areas
456 representing all existing plant communities shall be preserved on-site unless preserving more
457 e#than one (1) particular community is more ecologically beneficial.
458 E. Sod. Properties shall be seeded sodded with drought tolerant grass
459 or other Florida-Friendly landscape material, and mulched within thirty (30) days after any
460 clearing, grubbing, excavating, or filling activity, or prior to request for inspection to close out the
461development a permit, whichever occurs first, or subsequent to other major building
462 demolition or site work. In the case where other site work is to occur and seeding and mulching
463 will not be performed, the other site precautions, such as silt or erosion control fencing as
464 deemed appropriate, protection of storm drains, etc., shall be immediately implemented. Staff
465 shall inspect the seeded and mulched site work areas to ensure that adequate ground coverage
466 has been obtained. Repeated seeding and mulching may be required until the satisfactory
467 coverage is accomplished.
468
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469
470 Sec. 5. Fertilizer Regulations.
471 See ARTICLE XII. FERTILIZER USE REGULATIONS of this Chapter for the fertilizer regulations.
472 _ A. Purpose and Intent. This section regulates the proper use of fertilizers by any applicator;
473 requires proper training of commercial and institutional fertilizer applicators; establishes training
474 . - -" - :. ----- ; - -- •- . - - - - _ea . - - - , . - - • - - -- -
475 fertilizer application rates and methods, fertilizer free zones, and exemptions. This section
476 requires the use of Best Management Practices to minimize negative environmental effects
477 associated with excessive nutrients in our water bodies. These environmental effects have been
478 observed in and on Palm Beach County's natural and constructed stormwater conveyances,
479 dyers, creeks, canals, lakes, estuaries and other water bodies. Collectively, these water bodies are
480 .- . - -•e o- .- o -- -- . e---ental, recreational, cultural and economic well being of Palm
481 = - - -- • - '2-- -- - - _ -- --- . e - - - - - -- - - - - •:-
482
482 the effectiveness of flood attenuation provided by natural and constructed stormwater
483 conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in
484 - , -- - - -" - - - - - . - - - - - -- - ---
485 B. Applicability. This section shall be applicable to and shall regulate any and all applicators of
486 fertilizer and areas of application of fertilizer to urban landscapes within the City, unless such
487 application is specifically exempted by Section 11 of this article. This section shall be prospective
488 only, and shall not impair any existing contracts.
489 C. Timing of Fertilizer Application.
490 1. No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or
491 landscape plants during the prohibited application period, or to saturated soils.
492 2. Fertilizer containing nitrogen and/or phosphorus shall not be applied before seeding or
493 sodding a site, and shall not be applied for the first thirty (30) days after seeding or sodding,
494 except when hydro-seeding for temporary or permanent erosion control in an emergency
495 situation (wildfire, etc.), or in accordance with the Stormwater Pollution Prevent Plan for that site.
496 D. Fertilizer Free Zones. Fertilizer shall not be applied within ten (10) feet, or three (3) feet if a
497 deflector shield or drop spreader is used, of any pond, stream, water body, lake, canal, or wetland
498 as defined by the Florida Department of Environmental Protection (Chapter 62 3'10). F.A.C. or
499 _ .. -- - - - - - - -- - - - - - - - - - -- - -
500
501 needed, to allow the vegetation to become well established. Caution shall be used to prevent
502 direct deposition of fertilizer into the water.
503 E. Fertilizer Content and Application Rates.
504 1. Fertilizers applied to turf within the City of Boynton Beach shall be applied in accordance
505 with requirements and directions provided by Rule 5E 1.003(2), F.A.C. "Labeling Requirements for
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506 Urban Turf Fertilizers." Under Rule 5E 1.003(2), F.A.C, required application rate and frequency
508 container.
509 2. Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except
510 - - - • - - - -- - - a. .:- fer torr#, er Fn U-F/TW Few•- _- - _ _ __ c .- ,
511 vegetable gardens, and fruit trees and shrubs, unless a soil or tissue deficiency has been verified
512 by an approved test.
513 3. Fertilizer used for sports turf at golf courses shall be applied in accordance with the
514 - _ ---- -- - -- - _ -- - ----- _ _ ••_- e.. ' .
515 on Florida Golf Courses," published by the Florida Department of Environmental Protection,
516 e. - -- l'- , - - - - - " - - - -- - - - - - - - --- -
517 in accordance with Rule 5E 1.003(2), F.A.C.
518 F. Fertilizer Application Practices.
519 1. As required herein, spreader deflector shields shall be used when fertilizing via rotary
520 (broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected
521 away from all impervious surfaces, fertilizer free zones and water bodies, including wetlands. Any
522 - --- - - - -- - -- - - - - - - - - -
523 surface shall be immediately and completely removed to the greatest extent practicable.
524 2. Fertilizer released on an impervious surface must be immediately contained and either
525 legally applied to turf or any other legal site, or returned to the original or other appropriate
526 container.
527 3. In no case shall fertilizer be washed, swept, or blown off impervious surfaces into
528 stormwater drains, ditches, conveyances, or water bodies.
529 4. Property owners and managers are encouraged to use an Integrated Pest Management
530
531
532 OF/IFAS Florida Friendly Landscape Program.
533 G. Management of grass clippings and vegetative matter. In no case shall grass clippings,
534 - - • " - ' , - - - • - - - - - -- - - . - - - , - - , - - --
535 - -- - - e e - e - - • - e ..• , - - ._ - -- _ _ - , . - - --- _
536 - - , - - - --- . ' - . -
537 -
538 codes and regulations.
539 H. Exemptions. The provisions set forth above in this article shall not apply to:
540 1. Bona fide farm operations as defined in the Florida Right to Farm Act, F.S. 5 823.1)1;
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541 2. Other properties not subject to or covered under the Florida Right to Farm Act that have
542 pastures used for grazing livestock; or
543 3. Any lands used for bona fide scientific research, including, but not limited to, research on
544 the effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulture.
545 I. Training.
546 1. All commercial and institutional applicators of fertilizer within the City shall abide by and
547 successfully complete the six hour training program in the "Florida Friendly Best Management
548 Practices for Protection of Water Resources by the Green Industries " offered by the Florida
549 !-_. ••-- _ _ ---- - • - - - tee - . e - e. '- -- :-. - e.-
•
550 see . • - - • _ " - -- - • - - -- e -- - - . .ee - -.'.. --
551 program.
552 2. Non commercial and non institutional applicators not otherwise required to be certified,
553 such as private citizens on their own residential property, are encouraged to follow the
554 recommendations of the University of Florida/IFAS "Florida-Friendly Landscape Program" and
555 label instructions when applying fertilizers.
556 J. Licensing of commercial applicators.
557 1. All businesses applying fertilizer to turf or landscape plants ("including, but not limited to,
558559 condominium properties") must ensure that the business owner or his/her designee holds the
560 appropriate "Florida Friendly Best Management Practices for Protection of Water Resources by
561 the Green Industries" training certificate prior to the business owner obtaining a Local Business
562 Tax Certificate. Owners for any category of occupation which may apply any fertilizer to turf
563 - - - - - -- - - - - e..-- - -- - c•-- _ - - -" - -- - • - "" • . _ : . -
564 B ach Business Tax Office. It is the responsibility of the business owner to maintain the "Florida
565 " - =" - -- ---- • . - _ • _ - _ _ . - '- __ - _. -- - --- __ •_ „
566 -- . - _ - - . - :usiness Tax Receipt annually.
567 2. After July 31, 2019, all commercial applicators of fertilizer within the City shall have and
568 carry in their possession at all times when applying fertilizer, evidence of certification by the
569 - -- '"-- •--- _ �e - . - - - -- - - _ ...- -- --- -570 per Rule 5E 11.117(18), F.A.C.
571 3. All businesses applying fertilizer to turf and/or landscape plants (including, but not
573 - -- " " - " - -- - - - _ -- - - o _ _• - - - - --- -- - "
•
574 " - e. - - :- -- ---- ' - _ • _ - _ _ _ - __ - _ -- - ---
575 Industries" training certificate prior to the business owner obtaining a business tax certificate.
576 K. Enforcement. These provisions shall be enforced by (1)the City Code Enforcement Board or
577 Special Master pursuant to the authority granted by F.S. 5§ 162.01 et. seq. as may be amended
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578 and the City of Boynton Beach Code of Ordinances, as may be amended, or (2) the City through
579 its authority to enjoin and restrain any person violating the City Code of Ordinances through the
580 prosecution of violations in the name of the State of Florida pursuant to the authority granted by
581 F.S. § 125.69 as may be amended. The City of Boynton Beach may also pursue any other
582 enforcement remedies available at law or in equity.
583 L. Penalties.
584 1. Failure to comply with the requirement of this article shall constitute a violation of this
585 article and shall be punishable by a fine not to exceed $250 per incident for the violation or a fine
586 not to exceed $500 per incident for a repeat violation, and, in addition, may include all costs of
587 - - e --- - - •
588 considered a separate incident.
589 2. In determining the amount of fines that should be imposed, the Code Enforcement Board
590 or Special Master shall consider the following factors: (1)the gravity of the violation; (2) Any
591 . - - -- _ -- - - = - - - -- - - --; - - - -- - . •- - --- _
592 by the violator. If determined the violation is irreparable or irreversible in nature, a fine not to
593 exceed $ 15,000 per violation may be imposed.
594 M. Appeals. An aggrieved party, including the City of Boynton Beach, may appeal a final
595 administrative order of the Code Enforcement Board or Special Master to the circuit court. Such
596 an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record
597 - - - - - -- _-- - - - • " . - . .22-. . _ ' _ - - - e -- - --
598 execution of the order to be appealed.
599 Sec. 6. Hazardous or Diseased Trees and Palms.
600 Any dying or dead tree the city determines poses a threat, hazard, or danger to the public shall
601 be removed without delay by the property owner, without the need for obtaining a permit,
602 provided the subject tree is removed under the supervision of a certified arborist in accordance
603 with the standards of the International Society Arboriculture (ISA). This provision shall include
604 diseased trees or those in a condition that could pot-- _ --•-. - _ -- -- , - - - --
605 lethal yellowing of coconut palm trees. Hazardous or diseased trees or palms shall be reviewed in
606 accordance with the procedures set forth in Part III, Chapter 2, Article II, Section 5.C. Landscape
607 Permit.
608 Sec. 7. Prohibited Trees, Exotic, and Invasive Species.
609 A. General. Plants classified as a Category I species on the current prohibited list published by
610 the Florida Exotic Pest Plant Council (FLEPPC) are_of allowed prohibited within the city.
611 B. Tree Removal and Mitigation.Any treePlants classified as a itedCategory I species
612 under this subsection shall be removed at the expense of the property owner prior to
613 commencement of construction in accordance with the following:
614 1. Vacant and Undeveloped Property.
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615 a. Less than Two (2) Acres. If the parcel of property is less than two (2) acres, no permit or
616 review by the-city is required to remove the exotic tree species listed above. A courtesy
617 inspection and identification of exotic species may be performed by staff, at no cost to the
618 property owner, upon request of the property owner.
619 b. Two (2) Acres or Greater. If the parcel of property is equal to or greater than two (2)
620 acres, a land development permit A landscape permit shall be required in accordance with the
621 procedures set forth in Chapter 2, Article III, Section 3 Part III, Chapter 2, Article II, Section 5.0 to
622 remove exotic aro invasive species, except where exempt under the provisions of Section 1.E.
623 above.
624 2. Developed Property. On properties that have valid master plan or site plan (landscape
625 plan) approval, no land development permit a landscape permit shall be required to remove
626 exotic or invasive trees species . - -- .e.- -- - _ - ..e. . .__ _ . _ . _. _ , _
627 contribute to landscape buffering, or to otherwise comply with the standards of Chapter 2,
628 Article II, Landscape Design and Buffering Standards. In these instances, the removal of all such
629 trees shall be subject to the mitigation requirements of Section 3.C. above in accordance with the
630 procedures set forth in Part III, Chapter 2, Article II, Section 5.C, at the expense of the property
631 owner. For the purpose of this section, the term "site plan" is construed to include master site
632 plan and technical site plan applications, and to ultimately mean the process by which a
633 landscape plan is approved.
634 Sec. 8. Appeals.
635 A. General. Any aggrieved person may appeal a decision of an administrative official in
636 accordance with Chapter 1, Article VIII, Section 1 Part II, Chapter 27, Article X. Appeals.
637 B. Environmentally Sensitive Lands. When appealing the provisions of Section 44.6.4. above,
638 the appellant shall address the following:
639 1. Whether the subject property is an environmentally sensitive land or contains
1640 endangered, threatened, and rearrare species and/or species of special concern in accordance
641 with the definitions in Chapter 1, Article II; and
642 2. Whether the conditions placed on the development application are reasonable and
643 represent sound environmental practices necessary to mitigate possible harmful impacts upon
644 the subject property and are necessary in order to protect the health, safety, and welfare of the
645 citizens of the city.
646 Sec. 9. Penalties.
647 The city or any other legal authority shall enforce any violation of this article pursuant to the
648 penalty provisions contained in Chapter 1, Article I, Section 7. Penalties of these Land
649 Development Regulations. In addition, the removal of each tree shall constitute a separate
650 offense under this article.
651 ...
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652
653 Section 5. Each and every other provision of the Land Development Regulations not
654 herein specifically amended, shall remain in full force and effect as originally adopted.
655 Section 6. All laws and ordinances applying to the City of Boynton Beach in conflict
656 with any provisions of this ordinance are hereby repealed.
657 Section 7. Should any section or provision of this Ordinance or any portion thereof be
658 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
659 remainder of this Ordinance.
660 Section 8. Authority is hereby given to codify this Ordinance.
661 Section 9. This Ordinance shall become effective immediately.
662 FIRST READING this 18th day of July, 2023.
663 SECOND, FINAL READING AND PASSAGE this day of August, 2023.
664 CITY OF BOYNTON BEACH, FLORIDA
665
666 YES/ NO
667 Mayor—Ty Penserga �/
668 /
669 Vice-Mayor—Thomas Turkin
670
671 Commissioner—Angela Cruz
672 /
673 Commissioner—Woodrow L. Hay V
674 /
675 Commissioner—Aimee Kelley ✓
676
_0
677 VOTE
678 AT 'ES •
679 ,680 Ii O!II �-
681 Maylee le us, MPA, MM Ty '
682 City Cle k ,..,,` Mayo
683 ,Os ,,, ON 8 %1
684 o�QORAre%.90II. A'PROVED AS TO FORM:
685 (Corporate Seal) �: �A� ...-S-11,
686 i U( °;
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i
687 c oN ,1920
688 ' '
20
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652
653 Section 5. Each and every other provision of the Land Development Regulations not
654 herein specifically amended, shall remain in full force and effect as originally adopted.
655 Section 6. All laws and ordinances applying to the City of Boynton Beach in conflict
656 with any provisions of this ordinance are hereby repealed.
657 Section 7. Should any section or provision of this Ordinance or any portion thereof be
658 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
659 remainder of this Ordinance.
660 Section 8. Authority is hereby given to codify this Ordinance.
661 Section 9. This Ordinance shall become effective immediately.
662 FIRST READING this 18th day of July, 2023.
33(
663 SECOND, FINAL READING AND PASSAGE this J._ day of August, 2023.
664 CITY OF BOYNTON BEACH, FLORIDA
665
666 YES/ NO
667 Mayor—Ty Penserga �/
668
669 Vice-Mayor—Thomas Turkin
670
671 Commissioner—Angela Cruz
672
673 Commissioner—Woodrow L. Hay
674
675 Commissioner—Aimee Kelley ✓
676
_O
677 VOTE
678 AT'ES •
679
680
681 Maylee Pe : as, MPA, MM Ty • ;
682 City Cle k ,�.� Mayo
683 <bO.INTO/V B‘N'�
684 %� •�QoRAr£•.•-S'0��1 A'PROVED AS TO FORM:
685 (Corporate Seal) L y �,
686i U: PpRPaE.0i
687 '�, :�NC 1g2. ;
688 ���� •'••......•e.I . % Michael u. c.irulllo,JP.
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20
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