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