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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: S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2,And Ch 4)(Permit Process And Environmental)-Ordinance.Docx 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 2 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2,And Ch 4)(Permit Process And Environmental)-Ordinance.Docx 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. 3 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2,And Ch 4)(Permit Process And Environmental)-Ordinance.Docx 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 4 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2,And Ch 4)(Permit Process And Environmental)-Ordinance.Docx 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: 5 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2,And Ch 4)(Permit Process And Environmental)-Ordinance.Docx 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 6 S1CA\Ordinances\LDR Changes\LDR Amendment (Ch 2,And Ch 4)(Permit Process And Environmental)-Ordinance.Docx 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 -- - - - - - - - - - - - _ ----- - - -- 7 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2,And Ch 4)(Permit Process And Environmental)-Ordinance.Docx 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 8 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2,And Ch 4)(Permit Process And Environmental)-Ordinance.Docx 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: 9 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2,And Ch 4)(Permit Process And Environmental)-Ordinance.Docx 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. to S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2,And Ch 4)(Permit Process And Environmental)-Ordinance.Docx 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 11 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2,And Ch 4)(Permit Process And Environmental)-Ordinance.Docx 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. 12 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2,And Ch 4)(Permit Process And Environmental)-Ordinance.Docx 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. 13 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2,And Ch 4)(Permit Process And Environmental)-Ordinance.Docx 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 14 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2,And Ch 4)(Permit Process And Environmental)-Ordinance.Docx 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 15 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2,And Ch 4)(Permit Process And Environmental)-Ordinance.Docx 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; 16 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2,And Ch 4)(Permit Process And Environmental)-Ordinance.Docx 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 17 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2,And Ch 4)(Permit Process And Environmental)-Ordinance.Docx 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. 18 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2,And Ch 4)(Permit Process And Environmental)-Ordinance.Docx 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 ... 19 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2,And Ch 4)(Permit Process And Environmental)-Ordinance.Docx 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( °; .---- Cp1---- . i 687 c oN ,1920 688 ' ' 20 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2,And Ch 4)(Permit Process And Environmental)-Ordinance.Docx 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. FLOC _ ►v, 20 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 2,And Ch 4)(Permit Process And Environmental)-Ordinance.Docx