Ord No. 19-17ORDINANCE NO. 19-17
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING SECTION 4.6.19, "TREE
PRESERVATION, PROTECTION, ENFORCEMENT, AND
MAINTENANCE" AND READOPTING SAME, AS REVISED IN
ORDER TO PRESERVE, PROTECT, ENFORCE AND MAINTAIN
TREES; PROVIDING THAT EACH AND EVERY OTHER SECTION
AND SUBSECTION OF SECTION 4.6 SHALL REMAIN IN FULL
FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, the City Commission of the City of Delray Beach, Florida desires to revise and
strengthen the current regulations concerning tree preservation, protection, enforcement and maintenance
in order to discourage the removal of trees and/or provide for their replacement in the community; and
WHEREAS, these amendments provide a description for the escalation of penalties and increased
fines for the removal of all trees above a certain height as defined herein; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the
Local Planning Agency (LPA), has determined that the amendments are consistent with and further the goals,
objectives and policies of the Comprehensive Plan; and
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed
text amendment at a public hearing held on May 15, 2017, and voted 5 to 0 to recommend that the
amendments be adopted; and
WHEREAS, the City Commission 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:
Section 1. That Section 4.6.19, "Tree Preservation, Protection, Enforcement, and Maintenance",
of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as
follows:
Section 4.6.19 Tree Preservation Protection Enforcement and Maintenance.
1 ORD. NO. 19-17
(A) P ose: The purpose of this section is to promote the public health, safety and general
welfare and to encourage the preservation, protection, enforcement, and maintenance of trees. Through
maintaining and enhancing their canopy, trees contribute to making cities sustainable by: providing
food and securing nutrition increasing natural biodiversity housing wildlife mitigating climate change
cooling the air, filtering pollutants improving physical and mental health reducing storm water runoff,
reducing carbon emissions and increasingg property values.
(B) Applicability: This section shall apply to ALL improved and unimproved properties
within the City, including single family homes and duplexes.
(C) Compliance, Enforcement and Relief:
(1) Compliance:
(a) Prior to the issuance of a landscape permit or a building permit for a
structure, a paving permit, or site permit for infrastructure installation,
compliance with the requirements of this section shall be assured
through the review and approval of a landscape plan submitted pursuant
to Section 2.4.3(C) and 4.6.16.
(b) Prior to any tree removal or land clearing operation, a tree Vegetation
Removal Permit, per Sec. 4.6.19(E),
pei!� must be submitted and approved.
(2) Enforcement: Violations of this ranee section that are deemed to be
public nuisances under Chapter 100 of the Code of Ordinances may be enforced in accordance with all
remedies and alternative remedies provided under Chapter 100. Violations may also be enforced by the
Code Enforcement Board, County Court Citation, a Notice to Appear, and/or is r-eltef
other means available under state or federal law, inclusive.
(D) Preservation and Promotion of Existing Trees and Palms:
To the fullest extent practicable all development proposals land development application or building
2 ORD. NO. 19-17
permit must provide for the protection of existing trees having a trunk 4 inch or greater diameter
measured at 4'/z feet above grade (Diameter at Breast Height "DBH" and palms having a Clear Trunk
(CT) of 8 feet or more (See Appendix "A" Definitions) Concurrent with a land development
application a Tree Disposition Plan shall be requited, displayjag the location diameter, species,
condition, and disposition of all trees greater than 4 inches DBH and palms greater than 8 feet CT and
shall illustrate all new development in relation to the existing condition of the site. The Tree
Disposition Plan shall identify trees and palms to be preserved relocated and removed. Tree and palm
protection and relocation measures shall be specified on the plan as well as mitigation calculations (i.e.
In Lieu Fees) The Tree Disposition Plan including the relocation measures and mitigation (including
transport methods watering details etc.) shall be subject to review by SPRAB, as a part of the
development proposal's landscQe plan and maibe approved denied or approved with conditions.
(1) Preservation of Native Plant Communities: All existing native plant
communities on sites proposed for development shall be preserved where possible through their
incorporation into the site design Existing plant communities 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 and/or invasive plant species. In addition, stands
of trees with or without understorplantings shall also be preserved.
develapinent plan appi!eval is J
fi5,i! a -a exeep6onal speeitneia tree. All development pi!epasals shall pi!eteet e5asting trees to th-e
9 J
,
spedfieadonJ
izeloeafing thein. if saviiig the tf!ee fia itS eYaSfifjg loeafiaa is aot feasible thea the tree shoul
thea the t±ee
J
J
fl} � Preservation of Trees "~tea:
J
J
JJ j
" % To the
fullest extent possible trees are to be preserved on site and protected from damage during the
construction process. The Planning, Zoning and Building Director shall have the authority to require
the preservation of trees on site and condition the approval of the development to incorporate existing
trees into the site design. To accommodate the site development scenarios conducive to preserving
ORD. NO. 19-17
trees, the City will consider flexible site design options. Proposed flexible site design options will be
considered on a case-by-case and are subject to review and approval by the Historic Preservation Board
(I -PB) or Site Plan Review and Appearance Board (SPRAB), as gMtopriate. Trees designated to be
preserved that do not survive shall be replaced by a tree of equal DBH size or an equivalent number of
trees with the total trt DBH equal to the DBH size of the perished ttee(s). Palms designated to be
preserved that do not survive shall be replaced by one palm of equal overall height for each perished
halm. Replacements shall be the same species or an alternate species approved by the City.
>
eenditions ai!einet:
,
exeeption tl—Spee;,=---, s e --- n t±ees
half feet
(4 1
742') above
gtade;
ORD. NO. 19-17
(3) Relocation of Trees and Palms: If tree preservation is not feasible trees and
palms must be relocated on site If tree relocations severely restrict the use of the property, then trees
and pahns may be relocated off-site to a location approved by the City. To determine feasibility of
relocation a written report from a certified arborist, per Section 4 6 19(E)(2)(Qmust be submitted
with the land development Qplication as well as the arborist's assessment of relocation.
Trees designated to be relocated that do not survive shall be replaced by a tree of equal
DBH size or an equivalent number of replacement trees with the total trunk caliper size equal to the
total DBH size of the perished tree(s) as required by Section 4.6.16. Pahns designated to be relocated
that do not survive shall be replaced by one palm of equal overall height for each perished palm.
Tree and Palm Removal: A tree may be removed only when an applicant has
demonstrated that the proposed development will preclude preservation of trees in place and that
relocation of trees is not feasible either on or off-site. Tree removal requires the issuance of a
Vegetation Removal Permit All trees removed must be mitigated per Section 4 6 19
(E) Free Vegetation Removal and Land Gegfirw Permits:
A Vegetation Removal Permit is required subJect to the
following:
(1) Permit Required: At shall be unlawful for any person, without first obtaining a
permit, to remove, er-cause to be removed, or effectively remove through damaging any tree, i
, v
th a diaineto having a DBH of 4
ORD. NO. 19-17
inches" _
(a) No Vegetation Removal Permit shall be
issued for a property until the proposed development plan has received
site plan approval sei9a the P a
BT -if required. wee
> ,
ea
appi!aved by P , ,
a -ad attend
btiilding p_ei!w_it fees ho:ve been paid, the developer fna�y ob-taia p-er-Imit-s
Application for a Vegetation
Removal Permit may commence only after the site plan and
corresponding landscape plan has been approved and the building
permit and mitigation fees have been paid.
(b) For single family homes and duplexes that are located within the
historic or are individually designated as historic properties shall follow
the planning and zoning process as provided in the Land Development
Regulations. The Vegetation Removal Permit will be reviewed with the
entire permit package, per 4.6.16 and per 4.6.19(E)(2)(a) through (e).
(c) For all single .familyhomes and duplexes not located in a historic overlay
district, the Vegetation Removal Permit will be administratively reviewed
by City Staff along with the proposed building and landscape plans per
4.6.16 and 4.6.19 (E) (2) (fl.
(2) Permit Application Information Required: The following information and
documentation must be provided with the Vegetation Removal
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
including single family home and
duplexes within the historic or beach overlay districts.
ORD. NO. 19-17
(c)
,For
development applications a condition assessment (See Appendix "A" for
definitions) for all trees performed by a certified arborist that describes the
condition percentage rating of the tree makes note of hazardous trees and
identifies trees that are a threat to endanger structures pavement, and/or
utilities Those trees that are identified to be relocated will require a written
assessment of transplant feasibility.
(d) Designation of the disposition of all any trees proposed to be preserved,
ie,imoved f -a� the sk-e, relocated of tete, or
removed, presented on a Tree Disposition Plan.
(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.
(fl For single family homes and duplexes outside of the historic or beach overlay
districts a sketch plan, indicating the approximate location of all trees 4 inch
DBH and larger with identification of species trunk diameter at breast height
(L)BM, approximate overall tree height and the designation of the dispositions
of the trees per 4 6 19(E)(2)(d) may be substituted for a professional tree survey.
An arborist report may ber_ eguiredper Sec 4 6 19(Q(5)(e).
(3) Procedure: Upon acceptance of the application, the Planning, *ad Zoning and
Buil&g Director, or designee, shall inspect the site, verify the information provided in the
application, identify additional information required to complete the application and shallideff* what
approve oror
deny the apphz cation. Trees may be removed if either of 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 or to an off-site location because of its condition, size, .type, or age.;
Or
(b) The tree is diseased, injured, in danger of falling, interferes with utility
services, creates unsafe vision clearance, or deemed to be hazardous by
the Planning, aad Zoning, and Building Director or designee.
Observable physical damage to building foundations, driveways, and
water and sewer lines shall also constitute a reasonable request for the
7 ORD. NO. 19-17
removal of a tree only if root protection devices (such as root barriers)
are not a viable option. lia e�eases, the P , --9–g,
Direetor–eidesee equt
aiboiist i i weer --fir
F aiags iae1-d—dk9T dhe type af,
LLl.l oN
(4) Issuance of Permit:
(a) Normal Issuance: Upon approval of the application
and payment of the application fee, a
permit shall 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
trimmet or arborist, licensed with the City of Delray Beach. Contractors
licensed simply as a landscape contractor shall not remove trees.
(b) Issuance for Single Family its Homes and Duplexes: On the
property of single family '-esi eaees homes and duplexes, the owner may
submit arid c4eaiEag lar 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 epit-AE) determination of the Planning a
Zoning and Building Director, or designee, can be done safely by the
property owner. However, street trees that are depicted on the landscape
plan of record for a subdivision may not be removed unless conditions
as described within LDR section 4.6.9(E)(3) exist. Mitigation
requirements ±y shall apply per Sec 4.6.19 E(5) (e).
(c) Emergency 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 requite removal without delay, verbal authorization may be
given by the Planning and Zoning and B__ uildin Director or designee and
the tree may be removed prior to the issuance of a permit as herein
required. A permit shallbe applied for ftei! the c et! retroactively within
seven e) 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 shy {60} days after the storm event without obtaining a
8 ORD. NO. 19-17
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 or relocation as provided for
in the following:
(a) Relocation: The tree may be required to be relocated to a suitable
location on the site or off site. T- vAth a `wee y cur (24") a -ch
(b) Mitigation: The total DBH of aM hai!dwood `' aeeic,60us trees
with a condition rating of 50% or greater removed shall be replaced with
with the equivalent
number of caliper inches of replacement trees installed at a minimum
size as required by Sec. 4.6.16. with the-dseedofa of the
Removed balms with a condition ratinLy of 50% or mater shall be
replaced with one palm of equal overall height or a replacement palm of
16 feet overall height whichever is gteatet Replacement trees and palms
may contribute to the requirements of Sec 4.6.16. The caliper of
minimum required tree sizes (Per Sec 4.6.16) may be increased so the
added caliper inches can contribute to the total required for mitigation.
Mitigation trees may not be substituted bypalms.
Trees and palms with a condition rating less than 50% are exempt from
DBH/caliper in replacement but are requited to be
mitigated on a tree -for -tree or palm -for -palm basis per Sec 4.6.19.E.6.a.
(c) Replacement: All replacement trees must be planted within shy=(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) In Lieu Fee: Where the property cannot accommodate tree replacement
on a DBH caliper inch -per -inch basis, an in -lieu of fee shall be
deposited into the Tree Trust Fund for those trees with a condition
rating of 50% or gteater The in -lieu fee is calculated per DBH inch for
each tree that cannot be mitigated by replacement and shall be approved
by the Site Plan Review and Appearance Board (SPRAB) or the Histroic
9 ORD. NO. 19-17
•
escalatingtree vA+h a 1iq4*1q4*f1qufffl s—'x.tLeeff feet (469 heigh-t and s&vea foot (7� spi!ead
aftd/oi! deei&aatis trees. The in -lieu fee shall be calculated on an
• DBH 0 inches through 8 inches are calculated at $450/DBH inch;
• DBH 9 inches through 12 inches are calculated at $650/ DBH inch;
• DBH 13 inches through 18 inches are calculated at $850/DBH inch,
• DBH 19 inches and gteatet ate calculated at $1,000 pet inch.
Refer to Figure 4.6.19.E.5.d.
ExamWe 1: The in lieu fee for a 6 inches DBH tree calculation would be:
($450 X 6") _ $2,700
Example 2: The in lieu fee for a 21 inches DBH tree calculation would be:
($450 X 8") + ($650 X 4") + ($850 X 6") + ($1.000 X 3") _ $3.600 + $2.600 +
5,100 + $3,000 = $14,300
0
/197
For ttees with a condition rating of between 25% and 50%, the in -lieu fee shall
be calculated at 50% of the above escalating scale.
10 ORD. NO. 19-17
Figure 4.6.19.E.5.d
' 1n -Lieu Fee
DBH ($ f DBH inch)
> 18" $1000
homes(e) Existing single family .. outside of
ealipe± Diameter at Breast Height Q: - - - oLiLinches
484") *rid the property contains the minimum number of code siz-ed
require trees per Sec. 4.6.16. aft the lot (I t±ee fiq± evefy 2,500 sIq1I_I,*-_e
to be sttbiT�ed doeu±new6iig these issues. If a-pplieable, 1-1,66-ft-Roft -elf
the -M. _iB_iInIIia9 e -0 --de i!equi±eineiat fi5i! the si�-e of the lot
i. Mitigation is required for the removal of code -required trees that have
a DBH of four inches or Lneater.
ii. Code -required trees with a DBH 4 inches or Lteater cannot be
removed unless life safety issues,property destruction, irreversible
structural deficiencies within the tree or incurable disease can be
documented and no other tree saving options are available as
determined by the Chief Building Official or designee.
11 ORD. NO. 19-17
iii. A certified arborist's report is required to be submitted documenting
these issues in support of an application for removing a code -required
tree.
iv. Trees with a DBH 4 inches or greater may be removed if their location
interferes with the proposed addition to an existing structure or the
development of an accessory structure.
If applicable mitigation of removed trees shall be the smaller of either
the quantity of trees to reach the minimum code requirement for the
size of the lot or a quantity of trees that equal the caliper measurement
of the tree that is proposed for removal. Notwithstanding Sections
4.6.19(F.)(6), 4 6 19 (Q (4) (c) 4.6 (E) (4) (d) of the Land Development
Regulations, ttee removal permits are required prior to removal and
penalties may be assessed pursuant to Section 4.6.19 E)( where a
permit was not obtained prior to removal.
(6) Exceptions to Permit Requirements:
(a) Tree Condition Exceptions: Trees and palms with condition rating
of less than 50% do not require mitigation on a DBH/caliper inch basis
or payment into the Tree Trust Fund via an in -lieu fee. However, trees
with a condition rating of less than 50% are required to be mitigated by
replacing on a tree -fox -tree or palm -for -palm basis with the minimum
size tree ox palm required by Sec 4.6.16.
LP VP4Rf=*�P
(b) Nuisance Tree Species Exception: All trees including nuisance trees
shall be included as a part of a Vegetation Removal Permit application.
The nuisance tree species listed below may be removed without a permit
fee and without mitigation. When these ttees are indicated on the
12 ORD. NO. 19-17
landscape plan of record, approval shall be conditioned upon their
removal.
Australian Pine - Casuarina Species
Brazilian Pepper — Schinus terebinth�olius
Melaleuca — Melaleuca quinguenervia
Carrotwood — (:OzanoPsis anacardioides
Eatleaf Acacia — Acacia as cull ormis
Scheffeleta - Brassaia actinoh�lla
Bischofia - BischoFza-iavanka
{h c Location Exceptions: Removal permits shall 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 tights -of -way of the Lake Worth Drainage District, as
governed by the Interlocal Agreement with the City, approved in
2003; or
4. On city lands, rights-of-way and easements, the City shall 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) Vegetation Removal Permit Fees: Peiii'` fees
Permit Fee amounts
are provided in Section 2.4.3(k)(32) a and of the Land Development
Regulations.
(b) Permit Fee Waived: Where a tree has died due to natural causes,
including disease, lethal yellowing, freezing, lightning or storms, or if the
tree is of a prohibited species, there shall be no permit fee, even though
inspection and permitting and replacement requirements shall be met.
(8) Penalties:
13 ORD. NO. 19-17
(a) DBH Replacement and Triple Permit Fees: The penalty for failure to
obtain a permit shall result in a triple permit fee for each violation
including each tree removed. All The total Diameter at Breast Height
QDBM for trees removed shall be replaced with one or more trees with
the equivalent number of caliper inches with the direction of the
Planning, and Zoning and Building Director or designee. Where the
property cannot accommodate tree replacement on a DBH caliper inch-
per-inch basis, an in-lieu fee shall be deposited into the Tree Trust Fund.
The in-lieu fee shall be calculated
eight iiiehes " per Sec 4.6.19(E(5)(dl for those trees up to
18 inches DBH and palms. Trees 18 inches DBH and larger removed
without a permit are considered Specimen Trees per Sec 4.6.19(E)(W(c).
This in-lieu fee is in addition to the triple permit fee penalty. fees
Canopv Replacement and Triple Fees: If trees are removed before
obtaining authorization for removal and the DBH size of the removed
trees s) cannot be determined from any remnants, aerial photography
will be used to calculate mitigation. The number of required replacement
trees shall be based upon the size of canopy removed and the Me of
replacement trees selected by the applicant and approved by the City.
Replacement area credits shall equal the canopy removed, per Table
4.6.19)E)(8i. Where the property cannot accommodate tree replacement
on a canopy replacement basis, an in -lieu fee shall be deposited into the
Tree Trust Fund. The in lieu fee shall be calculated:
i. At $450.00 per 100 square feet for those removed trees with a
canopy 400 square feet to 899 square feet.
ii. At $850.00 per 100 square feet for those removed trees with a
canopy 900 square feet to 1,599 square feet.
iii. Trees with a canopy 1,600 Square feet and larger removed without a
permit are considered Specimen Trees per Sec 4.6.19.E.8.c. This in
lieu fee is in addition to the triple permit fee penalty.
TABLE 4.6.19.E.8. DETERMINING REQUIRED NUMBER OF REPLACEMENT TREES (FOR
TREES REMOVED BEFORE OBTAINING AUTHORIZATION BY PERMIT)
Replacement Tree Type Replacement Canopy Area Credit (In Square Feet)
14 ORD. NO. 19-17
Tvoe 1 Tree
300
Type 2 Tree
100
Type 3 Tree
50
NOTES:
Type 1: Minimum of 14 feet in height,
Type 2: Minimum of 10 feet in height,
Florida Grade #1 canopy tree at time of planting
Florida Grade #1 understory tree at time of planting;
Type 3: Nfinimum of 14 feet in height ,Florida
Grade #1 palm tree at time of planting
{ eeptienaSpecimen Trees and Triple Permit Fees: The penalty
for removing art eReeptiaia specimen tree with a Diameter at Breast
Height (DBH) of 18 inches or greater or with a canopy size of 1,600
square feet or greater without obtaininga permit shall be a five huiadi!e
($599:90) one thousand dollar ($1,000.00) fine:per tree in addition to
mitigation for the removed tree. If the
DBH can be calculated based on tree remnants or a tree survey,
mitigation is per Sec. 4.6.19(E)(5). If the DBH size of the removed
trees) cannot be determined from any remnants, aerial photograph)
be sued to calculate mitigation based on canopy size. Mitigation for
canopy replacement shall be calculated per Sec. 4.6.19 W(8)(b). Where
the property cannot accommodate required
replacement trees, an in -lieu fee shall be
deposited into the Tree Trust Fund. The in -lieu fee for Exceptional
Specimen Trees shall be calculated at $2� JI.M per carpet DBH
inch or $1,000 per 100 square feet of canopy removed. F6+- these eye
--=-late_ at $.__., r-- - r-- —=-- --- these treesith a ---r-- of
eight inehes " . This in -lieu fee is in addition to the
exceptional specimen tree removal penalty and triple permit fee penalty.
P n tf!ees— de Fe z aim of hardeon
deeiduous t. -
(F) Shade Tree 1rinip1ijig Pruning: The purpose of pruning of trees is to allow for
uniform and healthy growth. Pruning of tree limbs on a regularly scheduled basis will improve tree
health, control growth, and enhance fruiting, flowering and appearance.
(1) Tree pruning does not require a permit, but if it is done in violation of these
regulations, the property owner shall be cited, and the following remedial requirements shall be
imposed:
15 ORD. NO. 19-17
(a) The property owner will be required to replace the tree as per the landscape plan
of record, or with a shade tree a minimum of 12 feet in height, with a sia-, 6 feet
foot spread of canopy.
(b) In lieu of replacement, the property owner may have the option of contracting
with a certified arborist, to provide remedial pruning to the disfigured tree over
a period of #wee 3 years in an effort to repair the structural damage to the tree,
if in the opinion of the atborist, this can be accomplished. A report from a
certified arborist and a copy of the contract for remedial pruning must be
submitted to the City for consideration of this option.
(2) Trees shall be allowed to attain their normal size, and at a minimum attain a
tae {20} €oe-t feet spread of canopy. It is important to trim trees when they are young to develop a
strong structure and to remove diseased limbs, co -dominant leaders, sucker growth, crossing branches
or to remove limbs or foliage that present a hazard to power lines or structures. Trees should be pruned
for the first time, 2 to 3 years after planting, and then every 5 years thereafter. Tree trimming practices
in the City of Delray Beach must adhere to the following:
(a) Lower branches and suckers must be selectively removed to provide a
minimum of si�(6) feet of clear trunk, and as they mature, the clearance
shall be increased to sever (8) 7 feet adjacent to sidewalks and in areas
where trees may impact traffic and pedestrian visibility.
(b) Severely cutting back branches and canopy, or "hatracking" is expressly
forbidden. Topping a large tree causes excessive sprouting of weakly
attached new branches, and increases wind resistance by creating denser
branching patterns. All cuts must be made at the juncture of a lateral
branch.
(c) The practice of "Lion's Tailing" wherein all foliage is removed except at
the end of the branch, is expressly forbidden. This excessive lifting
creates a condition where trees become top-heavy and can increase the
chances of wind damage.
(d) Trees shall be periodically thinned to -reduce leaf mass in preparation of
tropical storms. No more than 30% of a trees interior canopy, however,
shall be removed through thinning. Do not ove-r-thin since foliage
within a tree's canopy can help protect structures from flying debris
during high winds.
(e) All pruning shall be accomplished in accordance with the 'National
Arborist's Association Standards' or `The American National Standards
16 ORD. NO. 19-17
Institute A 300 (ANSI A300). A tree's habit of growth must be
considered before planting to prevent conflicts with view or signage, and
such a conflict shall not, of itself, necessarily permit the removal of the
tree.
(G) Palm Tree T ~:..:w` Pruning: Many palms are self pruning, however, for aesthetic
reasons palm fronds are often removed. The practice of removing all but a few fronds significantly
weakens the trunk of a palm and could result in it snapping in high winds, and, is therefore, prohibited.
In particular, Sabal Palms are often `carrot topped' or `hurricane cut'. Unless palms are being prepared
for relocation, no fronds shall be removed unless they hang below a horizontal position. Fronds that
touch a structure should be removed.
(H) Tree Pruning/Removal/Maintenance Requirements in the Public
Rights -of -Way: The adjacent property owner is responsible to maintain trees and vegetation between
the property line/right-of-way line, and the edge of pavement of the adjacent improved right-of-way, or
between the property line and the centerline of an unimproved alley. These trees may not be removed
without obtaining a permit. Trees and vegetation must be maintained so as not to restrict use or
visibility of public improvements, as follows:
(a) Trees and vegetation must be maintained so as not to interfere with traffic flow
or traffic safety. This includes maintaining visibility at intersections, not
obstructing traffic lights, stop signs or other traffic signage.
(b) Trees and vegetation must be maintained so as not to obstruct streetlights, street
signs, sidewalks, roads, utilities and other public improvements.
(I) Existing Street Trees: New development and building expansion shall take into
consideration the existing vegetation and provide designs which will not result in the removal of street
trees, or diminish existing streetscapes.
Q) Hurricane Preparedness and Cleanup:
(1) Shade Tree & Palm TreePruning:
(a) Palm fronds that are dead should be removed. All coconut palms must
have their coconuts removed prior to hurricane season. Pahn fioiads
that a�ee dead should be iteineved.
(b) Shade trees can be pruned to enable trees to hold up better to high
winds and storm damage. The following pruning practices can promote
the growth of strong branches:
17 ORD. NO. 19-17
1. Encourage a good branch angle. A narrow angle between
branches signals a point of future weakness. To prevent this,
remove one of the two branches when the tree is young.
2 Encourage strong branch/trunk size relationships. Lateral
branches should be no more than 1/2 to 3/4 the diameter of the
trunk. Branches heavier than that often cannot be supported by
the trunk in high winds. Large lower lateral branches should be
removed.
3. Maintain a stable center of gravity. If a tree has grown off
center, due to loss of limbs or other problems. Selectively
removing branches on the leaning side and encouraging branch
growth on the opposite side can help re -balance the tree.
4. Remove rubbing branches, suckers and water sprouts. Branches
tabbing against each other produce wounds and decay, and one
of the branches should be removed. Water sprouts and sucker
growth can occur at the base of the tree and inside the crown.
These branches ate weakly attached and should be removed
before they increase in size and add stress to the tree's limbs.
5. Do not cut branches back to stubs or `hatrack' the tree. When a
branch is cut to a stub, new branches will grow from the edges
which ate weakly attached and will be a weak point in high
winds.
(2) Hazardous Tree Removal:
(a) All trees and palms which are dead must be removed prior to hurricane
season. Tree removal permits shall be required.
(b) Trees or palms, which by reason of height, proximity to adjacent
structures, physical condition or other peculiar characteristic, which
increase the probability that in times of hurricane winds prevalent in this
region, the tree might cause damage to life, property or utilities within
the immediate area are declared to be hazard and a public nuisance. The
City shall retain the right to require corrective measures which may
include the removal of the tree(s), or which may result in the reduction
of the tree's height or canopy.
(3) Cleanup:
18 ORD. NO. 19-17
(a) After a storm, all property owners are required to have trees trimmed to
reduce hazards from hanging limbs and branches and to provide
reconstructive pruning to restore the tree's canopy, to the extent
possible.
(b) Tree stumps and remains of trees that constitute a hazard shall be
removed within six -(6} months after the storm event.
(c) All properties with a landscape plan of record shall be required to
replace trees and landscaping per the approved plan. Trees shall be
replaced per the approved plan on a tree per tree basis and not on a
caliper inch basis, thereby not requiring a deposit into the tree trust
fund. Residential properties have ene-(1) year from the storm event, and
non-residential properties have si 6) months after the storm event. The
Planning, Zoning and B�uildinDirector or designee may approve
additional time for replacement in instances where damage has been
severe or tree replacements are unavailable.
19 ORD. NO. 19-17
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19 ORD. NO. 19-17
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19 ORD. NO. 19-17
{1�fK Nuisance Species Prohibited: The following is a list of invasive and exotics nuisance
species that must be removed from all properties proposed for development or redevelopment.
(1) Australian Pine — Casuarina Species
(2) Brazilian Pepper — Schinus terebinthifolius
(3) Melaleuca — Melaleuca quinquenervia
(4) Carrotwood — Cupianopsis anacardioides
(5) Earleaf Acacia — Acacia amiculiformis
(6) Scheffelera — Brassaia actinophylla
(7) Bischofia - Bischofia javanica
{N�aa Prohibited Species Removed:
All Prohibited Species shall be removed from all properties by—JaffuEffy 1, 2009, and tree replacements
may be required if trees were used to satisfy landscape code requirements at the direction of the
Planning ,&xd Zoning and Balding Director or designee. Trees shall be replaced per an approved plan
on a tree -per -tree basis and not on a caliper inch basis, thereby not requiring a deposit into the tree
trust fund.
{�} Lethal Yellowing:
(1) Lethal yellowing is airi±icu±abI a systemic disease of palms caused by bacterium
transmitted by tropical insects Palms considered to be highly susceptible to lethal yellowing are to be
limited in use.
The
following common palms are known to be susceptible to lethal yellowing disease:
(a) Christmas Palm - Adonidia menillii
(b) Coconut Palm - Cocos nucifera
(c) Hurricane Palm - Dict 4erma album
(fl Chinese Fan Palm-- Livistonia Chinensis
(g) Canary Island Date Paha - Phoenix canariensis
(h) Edibe Date Palm -Phoenix dactyl Fera
(d) Senegal Date Palm - Phoenix reclinata
() Wild Date Palm - Phoenix sylvestris
�Arikury Palm - Syarrus schi�ZoPhylla
(2)
fiE4 P-- d to be plaza Palm varieties resistant to lethal yellowing shall be planted in favor of
palms known to be susceptible to lethal yellowing,
20 ORD. NO. 19-17
(3) Coconut palms proposed as apart of a permit application must be resistant to
lethal yellowing Proof of the variety must be provided at the time of permit inspection.
Section 2. All ordinances or parts of ordinances in conflict be and the same are hereby repealed.
Section 3. 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 of this Ordinance.
Section 4. Specific authority is hereby given to codify this Ordinance.
Section 5. This Ordinance shall become effective immediately upon adoption.
PASSED AND ADOPTED in regular session on second and final reading on this 2nd day of August,
2017.
ATTEST:
CITY CLERK
First Reading: Tule 18, 2017
Second Reading: August 2, 2017
MAYOR
21 ORD. NO. 19-17