138-88 ~D~.NANCE NO. 138-88
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 159, "LAND-
SCAPING", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 159.50,
"RELOCATION OR REPLACEMENT OF TREES", TO PROVIDE FOR
AN INCREASE IN THE REMOVAL FEE; AND SECTI ON
159.51 (A) , "PERMIT FEES FOR TREE REMOVAL, SHRUB
CLEARING", TO PROVIDE FOR AN INCREASE IN THE REMOVAL
PERMIT FEE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 159, "Landscaping", Section 159.50,
"Relocation or replacement of trees", of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is, hereby amended to
read as follows:
As a condition to the granting of a permit, the applicant may
be ~eguired to relocate the tree being removed or required to replace it
with a tree somewhere within the site of a type that will attain
normally an overall minimum height of at least 20 feet and shall be a
minimum of eight feet in height when planted, if available. When a
removed tree is replaced with a tree of a type described in the preced-
ing sentence, the removal fee of $~?g~ $16.50 per tree, as provided in
Section 159.51(A), will be waived. Replacement will not be required
where the tree is being removed because of disease or interference with
existing roadways, driveways, sidewalks and street area, septic tank
drain fields, sewer lines or development of commercial property which
does not leave room for replacement.
Section 2. ~%at Chapter 159, "Landscaping", Section
159.51(A), "Permit fees for tree removal, shrub clearing", of the Code
of Ordinances of the City of Delray Beach, Florida, be, and the same is,
hereby amended to read as follows:
(A) Tree removal permit fee.
There shall be paid to the building department a permit fee of
$%~=g8 $16.50 for each tree removed. Where a tree has died due to
natural causes, including disease, lethal yellowing, freezing tempera-
tures, lightening and storms, inspection and permit shall be required as
herein provided, but the permit fee shall be waived.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective on
November 1, 1988.
PASSED AND ADOPTED in regular session on second and final
reading on this the 8th day of November , 1988.
ATTEST:
First Reading October 25, 1985
Second ReadingNovember 8, 1988
ORD NO. 138-88