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Ord 35-08ORDINANCE NO. 35-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.6.19(D}, "PRESERVATION AND PROMOTION OF EXISTING PLANT COMMUNITIES"; AMENDING SECTION 4.6.19(E}, "TREE REMOVAL AND LAND CLEARING PERMITS", AMENDING APPENDIX "A", "DEFINITIONS", TO CLARIFY THE REGULATIONS GOVERNING THE TREE TRUST FUND; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held an July 21, 2008, and vested 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4}(c}, the Planning and Zoning Berard, sitting as the Laval Planning Agency, has determined that the change is consistent with and does further the goals, objectives and policies of the Gamprehensive Plan; and WHEREAS, the City Camrnission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set Earth above are incorporated herein. Section 2. That Section 4.6.19, "Tree Ordinance", Subsection 4.6.19(D}, "Preservation and Promotion of Existing Plant Communities" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (D} Preservation and Promotion o£ Existing Plant Communities: All existing native,. plant communities on sites prapased for development shall be preserved where possible through their ......................... incarparatian into the required open space. Exxsttng plant commuruttes that are specified to remain shall be preserved to the greatest extent possible with trees, understory, and ground covers left intact and undisturbed, except for the eradication of prohibited plant species. In addition, stands of trees, with or without understory plantings shall also be preserved. The following shall apply: (1) Tree Protection: During the Site Plan Approval pracess, a tree survey shall be required showing the location, diameter, species and condition of all trees with greater than a 4" diameter measured at 4 'la feet above grade. All develapment proposals shall protect existing trees an site to the fullest extent possible and shall illustrate on the site/landscape all new develapment in relation to all trees an the site with a four inch (4"} or greater trunk diameter. (a) Trees which are to be preserved on a site shall be protected from damage during the construction pracess according to appropriate tree protection techniques. The "Tree Protection Manual far Builders and Developers" published by the Division of Forestry of the State of Florida, Department of Agriculture and Consumer Service, shall be the standard far determining the appropriateness of proposed techniques. --All trees which are to be preserved and do pat survive shall be replaced by a tree of equal size ar an equivalent number of trees based on trunk diameter. {2) LlesignationlProtection of Exceptional Specimen Trees: Where site ar development plan approval is required, the approving board shall make the determination in conjunction with the Chief Building Official ar hisjher designee that a tree meets the designation criteria far an exceptional specimen tree. All development proposals shall protect existing trees to the fullest extent possible and shall illustrate an the site jlandscape plan all new development in relation to all existing exceptional specimen trees on the site. During the Site Plan Approval process, a tree survey shall be required showing the location, diameter, species and condition of all exceptional specimen trees. Every effort shall be made to incorporate exceptional specimen trees in the development plan on site without relocating them. If saving the tree in its existing location is not feasible then the tree should be relocated on site. If saving such trees severely restricts the permitted use of the property, then the tree shall be allowed to be relocated off-site. Destruction of the tree{s) is the last option which may be lane upon issuance of a tree removal permit, aftei all other considerations have been exhausted. (3} Substitution of Mature„ Exceptional Specimen TreesJSpecirnen Trees for Required Parking: (a} The City may require ar the applicant may request the substit-utian of existing, mature, healthy, exceptional specimenJspecimen trees specimens for required'' parking spaces in instances where the foIlowing conditions are met: 1. Such trees are of a hardwood and f or deciduous variety and a triinu~~urn of twenty-four inches (24"} in diameter measured at faun and a half feet (4 1 f Z'} above grade. 2. Such trees are free of disease and insects. 2 ORD. NO. 35-08 3. Every effort has been made in planning and design of parking areas to accommodate such trees in the landscape islands as required by the Land Development Regulations. 4. Such trees are protected during construction as prescribed in the Land Development Regulations. (b} The applicant shall indicate on the site plan the location of all required parking spaces and indicate thane spaces that will be e]iminated in order to preserve trees. The amount of parking spaces permitted to be elirriinated for any project shall be determined an a case by case basis. (c) The Historic Preservation Berard {HPB) err Site Plan Review and Appearance Board {SPRAB), as appropriate, may approve such requests err require such preservation provided the conditions of this subsection axe met. {d) A decision of HPB or SPRAB disapproving a request far or requiring tree preservation may be appealed to the City= Corrir~~issian pursuant to LDR Section 2.4.7{E}. (e) All tree{s) which are to be preserved under this section and do not survive shall be replaced with the equivalent number of caliper inches or by a tree with a minimum of eighteen feet (18') in height and a ten foot (10') spread of canopy. Where the tree cannot be accommodated on a caliper inch-per-inch-basis, a~xd an in-lieu of fee shall be deposited into the tree trust fund to make up the difference. 'I"he in-lieu fee shall be calculated at one-hundred dollars {$100.00} per caliper inch for such difference. The Chief Building Official or hisjher designee shall apprave such replacements. Section 3. That Section 4.6.19, "Tree Ordinance", Subsection 4.6.19{E}, "Tree Removal and Land Clearing Permits" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: {E} Tree Removal and Land Clearing Permits: Tree and land clearing permits are required and are subject to the following: (1} Permit Required: It shall be unlawEu1 for any person, without first obtaining a permit, to remove or cause to be removed or effectively remove through damaging any tree, in any zoning district including single family homes, with a diameter of four inches {4") or mare being measured four and one-half {4'la') feet above grade andf err any exceptional specimen tree. 3 ORD. NO.35-08 {a} No land clearing or tree removal permit shall be issued for a property until the proposed development plan has received Site Plan Approval from the Planning & Zoning Department. This process requires the submittal of a tree survey, indicating trees proposed to be removed, relocated on site, or remain in place on site. Any exceptional specimen trees must be identified on the tree survey required by Section 4.G.19{E}{2}. Once the project has been approved by P & Z, and the Building permit applications, and attendant building permit fees have been paid, the developer may obtain permits to began tree removal and land clearing. (b} In the case of most single family homes, the P & Z process is not required, but the land clearing permit andjor tree removal permit will be reviewed along with the proposed building and landscape plans. Those single family homes that are located within Historic Districts ar in the Beach Overlay District or. are individually designated as historic must follow the planning and zoning process as provided in the Land Development Regulations The land clearing and tree removal permit will be issued with the entire permit package. {2) Permit A~~lication Information Required: The following information and documentation must be provided with the tree removal or land clearing permit application: (a} A copy of the approved sitejlandscape plan showing the location of proposed or existing driveways, parking and structures on the site. (b} A tree survey shall be required for all projects which are required to receive Planning & Zoning Department approval. For single family Names and duplexes, a less formal plan, indicating the location of all trees with identification as to species, trunk diameter, and height can be substituted for a professional tree survey except for those single-fairiily homes that are located within historic districts, in the Beach Overlay District or are individually designed as historic; these homes must provide a tree survey. {c} Designation of aIl diseased trees and any trees endangering any structures, roadways, pavement, utilities, andjor utility lines. {d} Designation of any trees proposed to be removed from the relocated an the site, or retained in their present location. 4 ORI7. NO.35-OS (e} Any proposed grade changes which might adversely affect or endanger any trees on the site with specifications as to how to maintain such endangered trees. (3} Procedure: Upon acceptance of the application, the Chief Building Official, or designee, shall inspect the site and verify the information provided in the application and shall identify what measures must be taken with respect to tree protection, tree removal and erosion control. Trees may be removed if the following conditions exist. (a} The tree is located in the buildable area or yard area where a structure or improvements are to be placed and it unreasonably restricts the permitted use of the property; and, the tree cannot be relocated on the site because of its condition, size, type, or age; (b} The tree is diseased, injured, in danger of falling, too close to existing or proposed structures, interferes with utility services, creates unsafe vision clearance, or deemed to be hazardous by the Chief Building Official or his/her designee. Observable physical damage to building foundations, driveways, and water and sewer lines shall also constitute a reasonable request for the removal of a tree. (4} Issuance of Permit: (a} Normal Issuance: Upon approval of the application by the Chief Building Official or his/her designee; and payment of the application fee, a permit shaIl be issued. The permit shall require compliance with the conditions of approval, a copy of which shall be provided with the permit. The permit shall be valid for a period of 180 days. Permit applications that include tree removal must be submitted by a tree trixntner or arborist, licensed with the City of Delray Beach. Contractors licensed simply as a landscape contractor shall not remove trees. (b} Issuance for Singl,~Farni~ Units: On the property of single family residences, the owner may submit a land clearing or tree removal permit application to do the work himself, providing the dwelling is owner occupied and providing that the extent of the work, in the opinion of the Chief Building Official, or his/her designee, can be done safely by the property owner. (c} Ernergencv Issuance: In the event that any tree shall be determined to be hazardous or in a condition so as to endanger the public health or safety, and require removal without delay, verbal authorization may be OxD. zoo. ~s-08 given by the Chief Building Official or designee and the tree may be removed prior to the issuance of a permit as herein required, A permit shall be applied for `after the fact' within seven (7} days of the verbal authorization and removal, (d) .Hurricanes: During emergencies caused by hurricanes or other disaster, the City may suspend all or part of the land clearing and tree removal permit requirements for an indefinite period of time. Trees which have been uprooted, blown over and cannot be righted, or whose major branches are split or broken may be removed after a hurricane, for a period of sixty {60) days after the storm event without obtauung a permit from the City. Trees identified on a `Landscape Plan of Record' will ultimately have to be replaced. Residential uses shall have one year after the storm event for replacements and non residential uses shall have six {6) months to replace required trees and palms. {5) Imposition of Conditions: The permit shall set forth mitigation of adverse impacts, included in the `conditions of approval' associated with removal ar relocation as provided for in the following: (a} The tree may be required to be relocated to a suitable location on the site, Trees with a fifteen {l5) inch caliper or less are expected to be .relocated, if possible. {b} All trees removed shall be replaced with one or more trees with the equivalent number of caliper inches with the direction of the Chief Building Official or his/her designee. {c} All replacement trees must be planted within sixty (60} days of the issuance of the permit, or within the guidelines established for tree replacements in connection with major storm events, unless a phasing plan has been approved by the City.. (d) Where the property cannot accommodate txee replacement on a caliper inch-per-inch basis, an in-lieu of fee shall be deposited into the Tree Trust Fund. The in-lieu fee shall be calculated at one-hundred dollars j$100.OO~per caliper inch, Trees determined to be diseased, injured, in danger of falling, too close to existing or proposed structures, interfering with utility services, creating unsafe vision clearance, or deemed to be hazardous by the Chief Building Official or his/her designee, shall be exempt from replacement on a caliper inch-per-inch basis and shall not be required to deposit the in-lieu of fee into the Tree Trust Fund but the 6 ORD. N0, 35-08 applicant sha11 be required to plant a tree with a minimum twelve {22') height and six foot {6'} spread of canopy. {6) Exceptions to Permit Requirements. {a} Tree Species Excet~tions: The following tree species may be removed without a permit fee as they are considered nuisance trees. A permit' application is required, however, to ensure the work is being done by a licensed and insured tree trimmer. When these trees are indicated on' the landscape plan of record, approval shall be conditioned upon their replacement. Australian Pine -Casuarina Species Brazilian Pepper - Schinus terebinthifolius Melaleuca -Melaleuca quinquenervia Carrotwood - Cupianopsis anacardioides Earleaf Acacia -Acacia auriculiformis Scheffelera - Brassaia actinophylla Bischofia - Bischofia javanica {b} Location Exceptions: Removal permits shaIl not be required: 1. On the. property of licensed tree nurseries; or 2. When work is done by the electric utility company within the city right-of-way or on city property; or 3. Within the rights-of-way of the Lake Worth Drainage District, as governed by the lnterlocal Agreement with the City, approved in 2003; or 4. On city lands, rights-of-way and easements, the City sha11 have the right to plant, prune, maintain and remove trees as may be necessary to ensure public safety or preserve and enhance the beauty of public grounds. The City shall not have to obtain a tree removal permit to remove such trees. (7) Permit Fees: {a} Land Clearing & Tree Removal Permit Fees: Pernit fees for Land Clearing Permits are based on the total number of acres. An additional 7 ORD. NO. 35-08 fee is required for each tree removed. Permit Fee amounts axe in Section 2.4.3{k~{2) of the Land Development Regulations. {b) Permit Fee 1~aived: Where a tree has died due to natural cau: including disease, lethal yellowing, freezing, lightning or storms, or if tree is of a prohibited species, there shall be no permit fee, even thot inspection and permitting and replacement requirements shall be met. {8) Penalties: {a) Triple Fees: The penalty for failure to obtain a permit shall result in a triple-fee for each violation including each tree removed. Atl trees removed shall be replaced with one or more trees with the equivalent number of caliper inches with the direction of the Chief Building Official or his/her designee, ~Jhere the property cannot accommodate tree replacement on a caliper inch-per-inch basis, an in-lieu fee shall be deposited into the Tree Trust Fund. The in-lieu fee shall be calculated at one-hundred dollars {~100.OO~per caliper inch and be in addition to the triple permit fee ,penalty.. {b} Exceptional Specimen Trees: The penalty for removing a exceptional specimen tree shaIl be a five hundred dollar {500,00} fine in addition to replacement of the historic tree with one or more trees with the equivalent number of caliper inches with the direction of the Chief Building Official or his/her designee. Where the property cannot accommodate tree replacement on a caliper inch-per-inch basis, an in- lieu fee shall be deposited into the Tree Trust Fund. The in-lieu fee shall be calculated at one-hundred dollars ~$100.OO~per caliper inch and be in addition to the exceptional specimen tree removal Penalty Section 4. `That Appendix "A", "Definitions" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: TR)~E TRUST FUND An account established by the City's Finance Department into which in- lieu funds for owners andf or developers who are unable or u~ to comply with the tree or palm planting jreplacement requirements of the City's Land Development Regulations may deposit the in- lieu funds. , , .These funds shall be used to off-set the City's casts for future trees and palms and tree trimming for parks and streetscapes. 8 ORD. NO. 35-08 Section 5. That should any section or provision of this ordinance or any portion thereof, paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision s: not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to invalid. Section ~. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. PA SED AND ADC7PTED in regular session on second and final reading on this the ~ ~D day cif , ~u~~. !~.~0. `~ ATTEST City Clerk MAY(JR First Reading~~ ~~ Second Readin ~ ~~ ~~' "~ 9 t~Rl7. NQ. 35-08 MEMORANDUM TO: Mayor and City Corrrmissioners FROM: David T. Darden, City Manager DATE: September 8, 2aa8 SUBJECT: AGENDA ITEM 10.K. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2Q08 ORDINANCE 35-08 SECOND READINGISECOND PUBLIC AEARING~ ITEM BEFORE COMMISSION This item is before Camrnissian far second reading and second public hearing far a City initiated amendment to the Land Development Regulations {LDR} amending Section 4.6.19(D}, "Preservation and Promotion of Existing Plant Communities"; amending Section 4.b.19{E}, "Tree Removal and Land Clearing Permits", amending Appendix "A", "Definitions", to clarify the regulations governing the "Tree Trust Fund" BACKGROUND At the first reading on September 3, 2aa8, the Commission passed Ordinance No. 3S-a8. RECOMMENDATION Recommend approval of Ordinance No. 3S-o$ on the second and final reading. ORDIN~~l~ N0.35-08 AN ORDINANCE OF THE QTY COMMISSION OF TI-~ C1'I'Y OF DELRAY BEAQ~ FLORIDA, AMENDING T~~ I.~iND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY t~~rIENDING SECTION 4.6,19(D), "PRESERVATION AND PROMOTION OF EXISTING PLANT COIt~~IIv1[JI\iITIES", .AMENDING SECTION 4.6.19{E), "7Cl~EE REMOVAL AND LAND CLEARING PET;NI[TS", ~-~rIENDING APPENDIX "A", "DEFINITIONS", TO CLAI2TFY THE REGULATIONS GOVERNING TTY TREE TRUST FL7ND; PROVIDING A SAVING ~:LAt1SE, A GENET;~~L REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, purs~nt to LDR Section 1.1.6, the Plaiuw~g and Zoning Board revie~tl the prop~~yed tent amendn~nt at a public hearing held on July 21, 2008, and voted 4 to 0 to recald that the c]~;~'ges be approved; and V'VI~REAS, pursuant to Florida Statute 163.3174(4){c), the Planning and Zoning Board, sitting as the Local Planning Agency, his determined that the cl~~rlge is consistent with and does further the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the fin in the P and Zoning Staff Report; and V1IHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Pl~rrr. NOW, THEREFORE, BE IT ORDAINED BY THE QTY CO~~SSION OF THE QTY OF DELRAY BEACI-1~ FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.6.19, "Tree Ordinance", Subsection 4.6.19{D), "Pr~vatian and Pror~tian of Existing Plant Communities" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows; {D) Preservation and Promotion of Existing Plant Communities: All exist~rtg native plant communities on sites proposed for clevelap~nt shall be p~~d where possible through their incorporation into the regwired open space. Existing pl~rrrt communities that are s)'cified to remain shall be preserved to the greatest extent possible with trees, understory, and ground covers left intact and undish.zrbt}d, except for the eradication of prohibited plant species. In addition, stands of trees, with or without understary plantings shall also be preserved The following shall apply, (Z} Tree Protection; During the Site Plan Approval process, a tree survey s]E~tall be required shov+~ng the location, diameter, sl:~ecies and condition of all trees with greater than. a 4" diameter xrZeasured at 4 ~z feet above grade. All development propos~~ls shall protect existing trees on site to the fixllest extent p'oss~le and sl»~l illustrate on the siteJlartdscape all new develaprnent in relation to all t~~ees on the site with a four inch {4"} or greater trunk dian~ter. (a} Trees which are to be preserved on a site shall be protected from da~a~ge during the construction process according to appropriate tree protection te+~lniques. The "Tree Protection Manual for Builders and Developers" publi~~-~ecl by the Division of Forestay of the State of Florida, Deparhxient of Agriculture and Consumer Service, shall be the standard for deternnining the appropriaten~,5 of proposed te+:lutigt.~es. --All trees which are to be preserved and do not survive shall be replaced by a tree of owl size ar an equivalent number of trees based on tnmk diameter. (2} DesignationlProtection of Exceptional Specimen Trees; Where site or development plan approval is required, the approving board shall make the determination in conjunction with the Chief Building Uffiaal or hisJher designee that a tree meets the designation criteria for an exceptional specimen. tree, All development proposals shall. protect existing trees to the fullest extent pos;>ible and shall illustrate on the site/]andscape plan all new developrrtient in relation to all existing exceptional specimen. trees on the site, During the Site Plan fi'pproval process, a tree survey shall be required sha~naing the location, diameter, species and condition of all exceptional. specimen. trees. Every effort shall be made to incorporate exceptional slpecirrreri trees in the develapnrent plan on site without relocating them. If saving the tree in its existing location is not feasible then tl~ tree should be relocated on site. If saving such trees severely restricts the pexanitted use of the property, then the tree shall be allowed. to be relocated off-site. Destruction of the trees} is the last option wiaich maybe done upon issuance of a tree removal permit, after all other considerations have been exhausted (3} Substitution of Mature, Exceptional Specimen Trees/Specimen Trees for Required Parking; (a} The City may ~re ar the applicant may n'-st the substitution of existing, mature, healthy, exceptional specua~nJsl°~ecirnen trees specimens far required parking spaces in instances where the follov~~ing conditions are met; Such trees are of a hanl~wod and/or deciduous variety and a minimtun of twentyfour inches (24") in diameter measured at faun and a half feet {41/2'} above grade. 2. Such trees are free of disease and insects, 2 C?RD. N0.35-08 3. Every effort has been made in planning and design of parking areas to accommodate such trees in the landscape islands as required by the Land Development Regulations. 4. Such trees are protected during construction as prescribed in the Land Development Regulations. (b) The applicant shall indicate on the site plan the location of all required parking spaces and indicate those spaces that will be eliminated in order to preserve trees. The amount of parking spaces permitted to be eliminated for any project shall be determined on a case by case basis. (c) The Historic Preservation Board (LIl'B) or Site Plan Review and Appearance Board (SPRAB), as appropriate, may approve such requests or require such preservation provided the conditions of this subsection are met. (d) A decision of HPB or SPRAB disapproving a request for or requiring tree preservation maybe appealed to the City Commission pursuant to LDR Section 2.4.7(E ). (e) All tree(s) which are to be preserved under this section and do not survive shall be replaced with the equivalent number of caliper inches or by a tree with a minimum of eighteen feet (18') in height and a ten foot (10~ spread of canopy. Where the tree cannot be accommodated on a caliper inch per-inch basis, and an in-lieu of fee shall be deposited into the tree trust fund to make up the difference. The in-lieu fee shall be calculated at one-hundred dollars ($100.00) per caliper inch for such difference. The Chief Building Official or his/her designee shall approve such replacements. Section 3. That Section 4.6.19, "Tree Ordinance", Subsection 4.6.19(E ), "Tree Removal and Land Clearing Pem~its" of the Land Development Regulations of the Cocle of Ordn~lces of the City of Delray Beach, Florida, be and the same is herebyamended to read as follows: (E) Tree Removal and Land Clearing Permits: Tree and ]and clearing permits are required and are subject to the following (1) Permit Required: It shall be unlawful for any person, without first obtaining a permit, to remove or cause to be removed or effectively remove through damaging any tree, in any zoning district including single family homes, with a diameter of four inches (4") or more being rrtieasured four and one-half (41/z') feet above grade and/or any exceptional specimen tree. (a) No ]and clearing or tree removal permit shall be issued for a property until the proposed development plan has received Site Plan Approval 3 ORD. N0.35-08 from tf~e Pli~rtrtnrlg & Zoning Departr~rit. This process requires the submittal. of a tree survey, indicating trees proposed to be removed, relocated on site, or remain in place on site. Any exceptional specimen trees must be identified on tf~ tree survey required by Section 4,6.19{E}(2}. Once tf~ pzr~ject leas been approved by P & Z, and the Building pem~it ajpplicatiorfs, and attendant buil~~ing permit fees have been. paid the developer may obti~in permits to begin tree removal and land clearing. (b} In the case of rrx~st si'rigle family homes, the P & Z process is not required, but the land clearing permit andlor tree removal p't will be reviewed along with the proposed building and landscape plans. Those single family homes that are located within Historic Districts or in the Beach Overlay District or are individually designated as historic must follow the pla~ruvng and zoning process as provided in the Land Developr~nt Regulations The land clearing and tree removal perJnit will be issued with the entire pez7nit package. (2) Pernut Application In£orrnation Required: The following infozxnation and documentation must be provided with the tree removal or land clearing permit application: (a} A copy of the approved site landscape plan showing the location of proposed or existing driveways, parking and structures on the site. (b} A tree survey shall be required. for all projects which are required to receive Planning & Zoning Departrnent approval For single family homes and. duplexes, a less formal plan, indicating the location of all. trees with identification as to species, trunk diameter, and height can be substituted for a professional tree survey except for those single-family homes that are located within historic districts, in the. Beach Overlay District or are individually designed as historic; these homes must provide a tree survey. (c} Designation of all diseased trees and any trees enda~~;er'ing any structures, roadways, pavement, utilities, and~or ut7lity lines. (d} Designation of any trees proposed to be removed from ~ site, relocated on the site, or retained in their present location. (e} Any proposed grade ~~ v~ahich might adver<,ely affect or endaJ'' any trees on the site with specifications as to how to n:~aintain sr~h enda~ctget ed trees, 4 ORD. NO. X5-08 (3) Procedure: Upon acceptance of the application, the Chief Building Official, or designee, shall inspect the site and verify the infom>ation provided in the application and shall identify what measures must be t~~ken with respect to tree protection, tree removal and erasion control Trees maybe removed if the following conditions exist, (a) The tree is located in the buildable a~~a or yard area where a structure ar improvements are to be placed and it unreasonably restricts the permitted use of the prop~ertY% and, the tree cannot be relocated an the site because of its condition, size, type, or age; (la) T`he tree i4s diseased, irrijured, in danger of falling too close to exiting ar proposed structures, interferes with utility services, creates unsafe vision clearance, or deerx~ed to be hazardous by the Chief Building Official ar hisJher' designee. Observable physical damage to building foundations, driveways, and water and sewer li~les shall. also constitute a reasonable request far the removal of a tree. (4) Issuance of Permit: (a) Normal Issuance: Upon approval of the application by the Chief Building Offiaal or hislher c~signee, and payment of the application fee, a p~enit shall be issi~c3. The permit shall require compliance with the conditions of approval, a copy of which shall be provided with ~ p'e~rnit. The permit shall.. be valid far a period of 1$0 days. Permit applications that include tree removal mu5~t be submitted by a tree trirntx~er or amorist, licensed with the City of Delray Beach Contractors licensc~cl sirriply as a landscape contractor shall. not remove trees. , (b) Issuance for Single Family Units: On the property of single family residences, the owner may submit a land clearing or tree removal. perxrdt application to do the work himself, providing the duelling is owner occupied and providing that the extent of the work, in the opinion of the Chief Building Official, or hislher designee, can be cone safely by the property owner. (c) Emergency Issuance: In the event that any tree sha11 be determined to be hazardous or in a condition so as to endlar~$er the public health or safety, ,and require removal without delay, verbal authorization may be given by the Chief Building Official or c~sigriee and the tree may be removed prior to the issuance of a perrt>it as herein. required. A perrr~t shall be applied for 'after the fact' within seven (7) days of the verbal authorization and removal. ~ ORD, NO.35-0$ (d) Hurricanes: During etryergencies caused by hurricanes or other dieter, the City may s~=~ptynd all or park of the lard clearing and tree removal pem~it requirerrtents far an indefinite period of time. Trees which have been uprooted, blown over and cannot be righted, or whose major bs~nches are split or broken. may be rerrmved after a hturicane, for a period of sixty {60} days after the storm event without obtaining a permit from tf~e City. Tz~es identified on a 'L,andscape Plan of Record' will ultimately have to be replaced. Residential uses shall have one year after the storm. event far replacements and non residential uses shall have six (b} months to replace reclirired trees and ~~alcns. (5) Imposition of Conditions: The perrrnt shall set Earth mitigation of adverse impacts, included in the `conditions of approval' associated with rerru~Val or relocation as provided for in the follovrin~ {a} The tree may be required to be mocated to a suitable location on the site. Trees with a fifteen {25} inch caliper or less are eked to be relocated, if possible. (b} All trees removed shall be replaced with one or mare trees with the equivalent number of caliper inches with the direction of the Chief Building Official or hisJher designee, (c} All replacement trees must be planted witllitt sixty (6Q} days of the issuance of the permit, ar within the guiddlines established far tree replacerr~nts in connection with major storm events, unless a phasing plan has been approved by the City. {d} Where the property cannot accommodate tree replacemer-t on a caliper inch per-inch basis, an in-lieu of fee shall be deposited into the Tree Trl.~t Fund The in lieu fee shall be cali<ulated at one-hundred dolLaxs ($100.00,~per caliper inch. Trees determined to be diseased, injured, in danger of falling too close to existing or propc}sed structures, interfering with utility services, orating unsafe vision clearance, or deemed to be ha:Tar~lous by the Chief Bu>7ding Official or hisJher designee, shall be exempt from replacement on a caliper inch-per-ir~h basis and sha11 not be required to deposit the in-lieu of fee into the Tree Trust Fund but the applicant shall be required to plant a tree with a minimum ts~lve foot (12'} height and six foot {6') sly eel of canopy. {6) ExceFtions to Permit Recluirernents: ~ oRD. loo. ~5-as (a} Tree Species Exceptions; 7'he following tt~ee species maybe removed without a pernut fee as they are considered. nuisance trees. A permit application is required, however, to ensure the work is being done by a licensed and ii~.sut~.dsd tree trimrr~r. tNhen these trees are indicated on the landscape plan. of record, approval shall be conditioned upon their replacement. Australian Pine - C astaax~ina Species Brazilian Pepper - Scliinus terebintlvfolius Iti'lelaleuca - I~~slaleuca quinqueneivia C'arrotvwod - Cupianopsis anacardiaides Earleaf Acacia - Acacia auriculifornvs Scheffelera - Brassaia actinophylla Bischofia - Bi~chofia javanica (b} Location Exceptions: Removal permits shall not be required 1. On the property of licensed tree nuries; or 2. When work is done by the electric utility carr~'any within the cityright-of-way or on city propez~, or 3. tNithin the rights-of-way of the Lake tNorth T~rainage District, as governed by the Interlocal Agreement with the City, approved in 2003; or 4. {fin city l~~r~ds, rights-of-way and e~~ements, the City shall have the right to plant, pnme, maintain and remove trees as maybe necessary to ens~xre public safety or preserve and enhance the beauty of public grounds. The City slh;all not have to obtain. a tree removal permit to remove such trees. (7) Pemvt Fees: {a) Land Clean'ng & Tree Removal Permit Fees: Permit fees for Land Clearing Permits are based on the total number of acres. An addition fee is regiut~.'d for each tree removed. Permit Fee arx~runts are provided in Section 2,~.3~k}(2} of the Land Development Re;~~ions. (b} Permit Fee Waived: Where a tree has died due to nai~.zral Causes, inclutlbng disease, lethal.. yellowing, freezing: lightning or stoz~ns, or if the ' tree is of a prohibited species, there snail be no permit fee, even though inspection and permitting and replacen~nt n-'moments shall be met. 7 CJRD. N0.3S-08 (S} Penalties: (a} Triple Fees: The penalty for failure to obtain a permit shall result in a triple-fee for each violation including each removed All trees rerrwved s~ be replaced with one or mare trees with the equivalent number of caliper inches with the direction of the Chief Building Official or hisJher designee. Where the property cannot accommodate tree replacement on a caliper inch per-inch basis, an in lieu fee shall be deposited into the Tree Tn.~st Fund The in-lieu fee shall be calculated at one-hundred dollars (100.OQ~per caliper inch and be in addition to the triple pertr~it fee penalty (b} Exce~tianal Specimen Trees: The pet~altyfor removing a exceptional specimen tree sl-rall be a five hundred dollar ($SQO.Ot)} fine in addit-ion to replacement of the historic tree with one or more trees with the equivalent number of caliper inches with the direction of the Chief Buildi3.lg Official. or his/]:~er designee. Where the property cannot accon~unodate tree replacazt an a caliper inch per-inch basis, an in lieu fee shall be d=posited into the Tree Trust Fund T'he in lieu fee shall be _calculated at one-hundred ck~llars ~~100.00}~er caliper inch and be in addition to the exceptional specimen tree removal ,penalty Section 4. That Appendix "A" "Defiinitions" of the Land Develapxneilt Re;~xlatians of the Code of Ordirianc~ of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: TREE TRUST FUND An account established by the City's Finance Departrr~ent into ubich in- lieu funds for owners andJor developers who are unable or unwll3in to comply with the tree or palrrt plantingJreplacement requiErements of the City's Land Development Re;~ulations may deposit the in- lieu fimds. , . These fiords shall. be used to off-set the City's costs for future trees and palms a:nd tree trimming for parks and streetscapes. Section 5. That should any section or provision of this axt~inance ar any portion thereof, any paragraph, sentence, or c~wrd be clecl~~red by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the rc~inder hereof as a ~n~uale or pant thereof other than the part declGtred to be invalid Section b. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed 8 ORD. NO.35-OS Section 7. That this ordinance shat] became effective immediately upon its passage an second and fiinal reading P~~SSED AND ADOPTED in r~~;talar session an second and final reading an this the day of 2Q08. ATTEST MAY d R City Qerk Fist Reading Second 12eading ~ aRD. NC}. s~-os MEMCIRANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Assistant Director Planning and Zoning THROUGH: Paul Darling, AICP, Director Planning and Zoning DATE: August 28, 2008 SUBJECT: AGENDA ITEM 10,I. - REGl1LAR COMMISSION MEETING OP SEPTEMBER 3, 2008 ORDINANCE 35-0$ TREE TRUST FUND ITEM BEE©RE COMMISSI{)N Consideration of aCity-initiated amendment to the Land Development Regulations to clarify the regulations governing the Tree Trust Fund. The existing Tree Ordinance (LDR Section 4.6.19) includes mitigation provisions for tree removal for cases both with and without permits. Specifically, Sections 4.6.19(D) and 4.6.19(E) include mitigation for trees removed (without replacement), that is tied to the caliper inch size of the tree{s) removed. The mitigation/penalty is a monetary amount to be deposited into the Tree Trust Fund. While the method to determine the penalty is specified in the Tree Ordinance, reference must currently be made to the definition of Tree Trust Fund to find the penalty amount. This ordinance amends the sections of the Tree Ordinance to appropriately include and specify the fee amount and the method of calculation, and removes the monetary amount from the Tree Trust Fund definition. The text amendment was considered by the Planning and Zoning Board an July 21, 2008. The Board unanimously recommended approval an a 4 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 35-08 far aCity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http:J/miweb001/Agendas/Bluesheet.aspx?ItemID=1428&MeetingIa=151[9(8/2008 4:21:43 PM] PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JULY 21, 2008 AGENDA NO: IV.E. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS {LDR}, AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE CLARIFICA'~ION AS IT RELATES TO THE REGULATIONS PERTAINING TO THE TREE TRUST FUND. ITEM BEFORE;THE"BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to "Appendix A, Definitions" of the Land Development Regulations (LDRs} to provide clarification as it relates to the regulations pertaining to the Tree Trust Fund. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND%ANALYSIS The existing Tree Ordinance (LDR Section 4.6.19) includes mitigation provisions for tree removal far cases both with and without permits. Specifically, Sections 4.6.19(E)(5)(d) and 4.6.19(E)($)(a) include mitigation far trees removed, without replacement, that is tied to the caliper inch size of the tree(s) removed. The mitigation/penalty is a monetary amount to be deposited into the Tree Trust Fund. While the method to determine the penalty is specified in the Tree Ordinance, it is not specified in the definition of Tree Trust Fund. This ordinance amends the definition of Tree Trust Fund to specify that the caliper inch measurement of the removed tree{s} is the factor used to determine the amount of the penaltylmitigation to be paid as an in-lieu fee into Tree Trust Fund. F2EQLf IRED',~EINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. While no specific areas of the Comprehensive Plan relate to this item, the amendment would not be inconsistent with the Comprehensive Plan. REVIEW BY OTHERS Courfesv Nofices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. Planning and Zoning Board Meeting, July 21, 2008 LDR Amendment -Tree Trust Fund -ALTERNATIVE,ACTIC}N;S~" A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Appendix "A", "Definitions", to provide clarification as it relates to the regulations pertaining to the tree trust fund, by adapting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5{M)- C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Appendix "A", "Definitions", to pravide clarification as it relates to the regulations pertaining to the tree trust fund, by adapting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set faith in LDR Section 2.4.5{M) {motion to be made in the affirmative), RECOMMENDED ACTtUN Recommend approval of the amendment to Land Development Regulations, Appendix "A", '`Definitions", to provide clarification as it relates to the regulations pertaining to the tree trust fund, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5{M). attachment: ^ proposed ordinance 2 a Tt~e City Commission of the City of Defray Beach, Florida, proposes to adopt the following ordinance o DF INANCE N0.35•as N z G m ~, 0 m° AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPft~iEN T REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.6.19(D}, "PRESERVATION AND PROMOTION OF EXISTING PLANT COMMt.}NtTtES"; Afv1ENDING SECTION 4.6.19(E}> "TREE REMOVAL AIdD LAND CLEARING PERMITS", AMENDING APPENDIX "A° "DEFINITIONS", TO CLARIFY THE REGULATIONS GOVERNING THE TREE TRUST FUND; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFEC°I'IVE DA`i"E. The City Commission will conduct two ~2} Public Hearings for the purpose of accepting public testimony regarding the propased ardinance. The first Public Hearing viii be held on WEDNESDAYx SEPTEMBER 3__ 24Q8 AT 7.40 P.NE. in the Commission Chambers at City Hall, 10fl N.W. 1st Avenue, Detray Beach, Florida. if the propased ardinance is passed on first reading, a second Pubiit, Hearing will be held an TUESDAY, SEPTEMBER 't6, 200$ AT 7.00 P.I'~. {or at any continuation of such meeting which is set by the Cammission} in the Commission Chambers at City Hal'I, 10fl N.Nf. 1stAvenue, Delray Beach, Florida. All interested citizens are invited ko offend the public hearings and comment upon the proposed ordinance or submit their comments in tn`ritu~g on or before the date of these hearings to the Planning and Zoning Department. Forfurther information or to obtain a copy of the propased ordinance, please contact the Planning and Zoning Department, City Hali,100 N.U`v`. istAvenue, Delray Beach; Florida 33444 (email at pzrnail~a mydeiraybeach.cam} or by calling 5611243.7040), between the hours of 8:fl0 a.m. and 5;00 p,m., Monday through Friday, excluding holidays. Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at these hearings, such person n}ay need to ensure that a verbatim record includes the testimony and evidence upon avhich the appeal is to he based. The City does not provide nor prepare such record pursuant to F.S. 286,0105. CITY OF DELRAY BEACW Cheveite D. Nubin, CMC Gty Clerk PUBLISH: Tuesday, August 26, 2008 Tuesday, Septen~oer 9, 2008 Baca RataniDeiray Beach News CITY OF DELRAY BEACH NOTICE t~F PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS BY AMENDING APPENDIX "A", iiDEFINITIONS", TO PROVIDE CLARIFICATION OF THE REGULATION PERTAINING TO "TREE TRUST FUND" The City Commission of the City of Delray Beach, Florida, proposes to adapt the following ordinance: ORDINANCE NO.35"08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE CLARIFICATION (}F THE REGULATION PERTAINING TO "TREE TRUST FUND'; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The Gity Commission will conduct fixo (2} Public Hearings for the purpose at aa~p6ng public fesGmony regarding the proposed ordinance. The first Pub1'~c Hearing will ~ held on TUESDAY AtiGUST 5.2408 AT T;00 P.M. in the Commission Chambers at City Hall, 140 N.W. 1st Avenge, Delray Beach, Florida. If the proposed ordinance. is passed on First reading, a second Public Hearing will be held on 'ft~S~g~,gU,GUST 18.2008 AT Z:00_I?N[. (ar at any continuation of such meeting which is set by the Cammissia~} in the Commis- sion Chambers at City Hal(,100 N.W.1stAgenue, Defray Beach, Florida, Ail interested citizens are invited to attend the public hearings and comment gpon the proposed ordinance or submit their comments in writing an or before the date of these hearings to the Planning and Zoning Department. For furttrer information or to obtain a copy of the pmpased ordrnar:ce, please contact the Planning and' Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray t3each, Florida 33d4~ (email at pzmail@mydeiraybeach.com} or by coiling 5611243-7i}40},between the hours of 8;00 a,m. and 5:00 p.m., Nkrntley through Friday, ezauding holidays. Please be advised that rf a person deader to appeal any decision made by the City Commission with respecf to any matter considered at these hearings, such person may need to ensrrre that a verbatim record includes the testimony and evidence upon whictr the appeal is to be based. The City does not provide nor prepare such record pursuant to F.S. 286.i}1Q5. CITY OF DELRAY BEACH Chevetle D. Ngbin, CMC City Clerk PUBLISH: PAonday, July 28, 2008 Tuesday, August 12, 2(10.8 Boca RataNDelray Beach News .1 {r Gaskins, ~anelda From: Gaskins, Lanelda Sent: Monday, August 04, 2008 9:12 AM To: Dorling, Paul; McDonnell, Mark Cc: Valek, Denise; Nubin, Chevelle Subject: Qrdinance No. 35-08 Tracking: Recipient Delivery Darling, Paul Delivered: 81~12pp8 9:13 AM McDar~nell, Mark Delivered: 8/4/2p08 9;13 AM valek, "Denise Delivered: 8/4/2pp8 9.13 AM Nubin, Chevelle Delivered: 8/4/2pp8 9:13 AM Good Morning Paui, Ordinance No. 35-08 was withdrawn from the August 5th agenda. See comments below. Should you have any questions regarding the withdrawal of this item, please contact Mr. Harden. Thanks. 8/1412008 Fiie E Bay Address; Favorite ~~~ (~, city: I~ [3e11~ i~ Gov' ~ Link.' ~5 Nat: ~ ~ti, Pr; t ~~~~~ Las+ Msr• >~ ~~~! i,tt~' FloE Micrj Title kgenda T}^pe Ortiinanc~ tJo. ~E-Q~ (First Reading/First PuGli~; Hearing} Rt=gular idseting kgenda agenda Category create Date PuGiic N=arings ~~ !tern 'Title .a# (b'lleetirn Attachrne Cemrnen Cornnlent [?a#e ~C~arnrrlent~+r Pul~lie ~~rT1r11~1"lt ter. iiardvn ati~,~iaed that ~lyd. f~la. ~`-fl? is not rest r•`.-'' ~+212~08:~:~2 PIa9 '~ Lanelda No ~E'+~~ agenda ~#unto ~di~crepancy v~i#h thw tangu2 Ga-kins , ordinance; thi=• or~dinanc~ ~^ra~ ti^rithdraa^rn fromth 3!11P8~:8~ p. m. A~Ci'' N@t'1'~On~rr1~61t ~Ct~mment is Pu1~1is ~!T"~ ~i_I__ ______ Item Gel ~~~ - _ __ ~.+~ Mart ,) ~ { ~ ® v -~ ~ ~ Inbox - t~'licrosoft Clutiook ~ ~~ 48 12-+]8 k~+Jorkshop -iv1 ~ '+'~°f MuniAt Lanelda Haskins Acting Deputy City Clerk City of Delray Beach Clerk's ©ffice 100 N.W. 1st Avenue Delray Beach, Florida 33444 561-243-7059 8!14/2008 gaskins _ci.delray.beach.fl.us dy 7 8/1412008