O94-09 ORDINANCE O94-~
AN ORDINANCE BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 7.5, ARTICLE I TREE PRESERVATION,
SECTION 7.5-19 EXCEPTIONS AS TO CERTAIN
TREES, BY SETTING FORTH A PERMIT PROCEDURE
AND FEE FOR THE REMOVAL OF EXOTIC TREE
SPECIES; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission has determined that several
non-native tree species exist within the City limits of Boynton
Beach; and
WHEREAS, it has been determined to be in the best interest
of the public and the environment to encourage eradication and
removal of these non-native species; and
WHEREAS, it is further determined that a permit for removal
of such trees is necessary to ensure that only exotic species
are being removed from the site.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That chapter 7.5, Article I Section 7.5-19
is hereby amended by deleting the current language of the
section in its entirety and substituting the following:
Section 7.5-19.
1. The following trees may be removed subject to the
conditions hereinafter set forth:
a. Schinus herebenthin folus (Brazilian
Pepper/Florida Holly Tree)
b. Melaleuca leucadendron
(Melaleuca)
c. Casuarina Spec (Australian Pine)
d. Acacia auriculi f ormis ( Earlea f acacia )
e. Palm Beach County's "prohibited plant
species" list and "invasive non-native
plant" listings
2. Conditions for removal:
a. If the parcel of property is under two (2) acres
in size, no permit or review by the City is required to remove
the exotic tree species listed in Section 1 above. A courtesy
inspection and identification of exotic species may be performed
by staff, at no cost to the property owner, upon request of the
property owner.
b. If the parcel of property is in excess of two (2)
acres in size a permit is required to remove the exotic species
listed in Section 1 above. Applications for permit shall be
made to the Building Department. The permit information
required by the applicant shall be of such form and design as
set forth by the City Forester/Environmentalist. The permit
application fee shall be thirty-five ($35.00) dollars. The City
Forester/Environmentalist shall review such permit applications
and inspect the site to determine the location of exotics on
site and that the extent and removal method proposed is
appropriate.
3. Seeding and Mulching.
If no other building construction is to occur on the site,
after the removal of the exotic species as approved, if the area
cleared is not adequately covered with grasses within thirty
(30) days, the disturbed areas shall be seeded and mulched. The
seed and mulch shall be inspected by the City Forester to insure
adequate ground coverage and repeated applications may be
required until satisfactory coverage is obtained.
Section 2. Penalty for Violation.
Any person, firm or corporation convicted in a court of
competent jurisdiction of a violation of Section 7.5-19 shall be
guilty of a misdemeanor of the second degree, punishable by a
fine and/or incarceration as provided by Law.
Section 3. If any clause, section or other part of this
Ordinance shall be held by any court of competent jurisdiction
to be unconstitutional or invalid, such unconstitutional or
invalid part shall be considered as eliminated and in no way
validity of the other provisions of this
effecting the
Ordinance.
Section 4.
That all Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith, be and
the same are repealed to the extent of such conflict.
Section 5.
ordinance.
Authority is hereby granted to codify said
Section 6. That this
immediately upon adoption.
Ordinance shall take effect
FIRST READING this /~d- day of March, 1994.
SECOND, FINAL READING AND PASSAGE this
CITY OF BOYNTON BEACH, FLORIDA
comm~
'"
April, 1994.
ATTEST:
(Corporate Seal)
day of
Exotic. Spe
3/8/94
Rev.3/25/94
3/28/94