Ord 37-06
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ORDINANCE NO. 37-06
AN ORDINANCE OF THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y
BEACH, FLORIDA, REPEALING SECTION 4.6.19, "TREE PROTECTION"
AND SECTION 2.4.6 (E) "TREE REMOVAL PERMIT" OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CI1Y OF DELRAY BEACH AND ENACTING A NEW SECTION 4.6.19,
"TREE ORDINANCE" TO PROVIDE FOR THE REGULATION, PRUNING,
AND PRESERVATION OF TREES, INCLUDING HISTORIC TREES, AND
ESTABLISHING LAND CLEARING AND TREE REMOVAL
REGULATIONS AND PERMIT FEES AS WELL AS THE ESTABLISHMENT
OF A TREE TRUST FUND; AMENDING APPENDIX "A" DEFINITIONS,
TO PROVIDE DEFINITIONS FOR VARIOUS TERMS RELATED TO TREES;
PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the City's Tree Protection Ordinance requires updating to address many tree
related issues including the protection of exceptional specimen trees, trees that should or should not
be planted in certain areas, proper tree trimming and to address Hurricane Preparedness and cleanup
and avoidance of overhead and underground utilities; and,
WHEREAS, a tree trust fund is needed to provide funds to enforce the codes as well as for
tree trimming/maintenance and landscape elements for streetscapes.
NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA:
Section 1. That Land Development Regulations Section 4.6.19, "Tree Protection" is
hereby repealed in its entirety.
Section 2. That Land Development Regulation 2.4.6(E), "Tree Removal Permit" is
hereby repealed in its entirety.
Section 3. That the Land Development Regulations are hereby amended by enacting a
new Section 4.6.19, "Tree Ordinance" to read as follows:
Section 4.6.19 Tree Ordinance.
(A) Purpose: The purpose of this section is to promote the public health. safety and
general welfare and to encourage the protection of trees.
ORD NO. 37-06
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(B) Applicability: This section shall apply to improved and unimproved properties
within the City. including single family homes. It is understood that single family homes
constructed prior to 1990 will not have a 'landscape plan of record'. but they shall. in all
other respects. comply with the terms and provisions of this ordinance.
(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 the 'Tree
Ordinance' 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, a tree removal permit or
land clearing permit. must be submitted and approved:
(2) Enforcement: Violations of this ordinance 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. or
injunctive relief.
(3) Relief: Relief from the provisions of this Section shall only be ~anted
through the waiver process [Section 2.4.7(3)] by the City Commission. Site Plan Review and
Appearance Board or Historic Preservation Board as applicable.
(0) Preservation and Promotion of Existing Plant Communities: All existing
native plant communities on sites proposed for development shall be preserved where
possible through their incorporation into the required open space. 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 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 process. a tree surve.y shall
be required showing the location. diameter. species and condition of all trees
with greater than a 4" diameter measured at 4 % feet above grade. All
development proposals shall protect existing trees on site to the fullest extent
possible and shall illustrate on the site/landscape all new development in
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relation to all trees on 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 process according to appropriate tree
protection techniques. The "Tree Protection Manual for Builders
and Developers" published by the Division of Forestry of the State
of Florida. Department of Agriculture and Consumer Service. shall
be the standard for determining the appropriateness of proposed
techniques. All trees which are to be preserved and do not survive
shall be replaced by a tree of equal size or an equivalent number of
trees based on trunk diameter.
(2) Designation/Protection 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 Official or his/her
designee that a tree meets the designation criteria for an exceptional
specimen tree. All development proposals shall protect existing trees to the
fullest extent possible and shall illustrate on the site/landscape plan all new
development in relation to all existing exceptional specimen trees on the site.
During the Site Plan Approval process. a tree surve.y 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 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 require or the applicant maJ request the substitution of
existing. mature. healthy. exceptional specimen/specimen trees
specimens for required parking spaces in instances where the
following conditions are met:
1. Such trees are of a hardwood and/or deciduous variety and a
minimum of twenty-four inches (24") in diameter measured
at four and a half feet (41/2') above ~ade.
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2.
Such trees are free of disease and insects.
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 (J-:IPB) 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 req.uest for or requiring
tree preservation may be 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
Chief Building Official or his/her designee shall approve such
replacements.
(E) Tree Removal and Land Clearing Permits: Tree and land clearing permits are
required and are subject to the following:
(1) Permit Req.uired: It shall be unlawful for any person. without first
obtaining a permit. to remove or cause to be removed or effectively remove
through damagi.ng any tree. in any zoning district including single family
homes. with a diameter of four inches (4") or more being measured four and
one-half (4 %') feet above grade and/or any exceptional specimen tree.
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(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 4.6.19(.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 begin 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 and/or tree removal permit 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 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 Application 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 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 Department 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 endangering any
structures. roadways. pavement. utilities. and/or utility lines.
Cd) Designation of any trees proposed to be removed from the site.
relocated on the site. or retained in their present location.
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(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 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 trimmer 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 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) Emergency Issuance: In the event that any tree shall be
determined to be hazardous or in a condition so as to endanger the
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public health or safety. and require removal without delay. verbal
authorization may be 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 obtaining 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 or 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 (15) 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 tree replacement on a
caliper inch-per-inch basis. an in-lieu of fee shall be deposited into
the Tree Trust Fund. 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-
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inch basis and shall 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 twelve foot (12') height and six foot (6') spread of
canopy.
(6) Exceptions to Permit Requirements:
(a) Tree Species Exceptions: The following tree specIes ma.y 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 q.uinquenervia
Carrotwood - Cupianopsis anacardioides
Earleaf Acacia - Acacia auriculiformis
Scheffelera - Brassaia actinophylla
Bischofia - Bischofia javanica
(b) 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 rights-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-waJ 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:
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(a)
Land Clearing & Tree Removal Permit Fees. Permit fees for
Land Clearing Permits are based on the total number of acres. An
additional fee is required for each tree removed. Permit Fee amounts
are provided in Section 2.4. 3 (k) (2) 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.
(S) 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. 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. 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.
(b) Exceptional Specimen Trees: The penalty for removing a
exceptional specimen tree shall 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.
(F) Shade Tree Trimming: 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 trimming 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:
(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 six foot spread of canopy.
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(b)
In lieu of replacement. the property owner ma.y have the option of
contracting with a certified arborist. to provide remedial pruning to
the disfigured tree over a period of three years in an effort to repair
the structural damage to the tree. if in the opinion of the arborist. 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
twenty (20) foot 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 six (6) feet of clear trunk. and as they mature. the
clearance shall be increased to seven (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 over-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 Institute A 300 (ANSI A300). A tree's habit of ~owth
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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 Trimming: Many palms are self pruning. however. for aesthetic reasons
palm fronds are often removed. The practice of removing all but a few fronds significandy
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 Trimming/Removal/Maintenance ReqJIirements 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.
(J) Hurricane Preparedness and Cleanup:
(1) Shade Tree & Palm Tree Trimming
(a) All coconut palms must have their coconuts removed prior to
hurricane season. Palm fronds that are dead should be removed.
(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:
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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 Y2 to % 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 rubbing against each other produce wounds and
decay. and one of the branches should be removed.
Watersprouts and sucker growth can occur at the base of the
tree and inside the crown. These branches are 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 are 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.
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(3) Cleanup:
(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 one (1) year from the storm event.
and non-residential properties have six (6) months after the storm
event. The Chief Building Official or his/her designee may approve
additional time for replacement in instances where damage has been
severe or tree replacements are unavailable.
CK) Avoidance of Overhead Utilities:
(1) Required perimeter landscape buffers often coincide with utility
easements. Careful selection of tree species is essential to minimize conflicts as trees
mature. The ultimate mature height and width of a tree to be planted should not
exceed the available overhead growing space. Tree species shall be consistent with
the recommendations in the most recent publication of Florida Power & Light
Company's "Plant the Right Tree in the Right Place" (copies available at the Building
Department. which provides recommendations for tree selections or online at
www.FPL.com).
(2) The developer may also consider working with utility companies to have
overhead lines placed below ground.
(f..) Avoidance of Underground Utilities & Fire Hydrants:
(1) Trees and palms shall not be planted within ten (10) feet of any
underground utilities. as measured from the center of the root ball. unless a root
barrier is provided. in which case the root barrier must be a minimum of four feet
(4') from the city water main. or sewer or other utility or service.
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(2) No vegetation. except grass and low ground covers below two (2) feet in
height may be planted within ten (10) feet of a Fire Hydrant.
(3) Trees may be permitted in utility easements only with the written
permission of the utility provider(s). as part of the site plan, or landscape plan review.
(M) Species Prohibited: The following is a list of invasive exotics 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 auriculiformis
(6) Scheffelera - Brassaia actinophylla
(7) Bischofia - Bischofia javanica
(N) Prohibited Species Removed:
All Prohibited Species shall be removed from all properties by January 1. 2009. and
tree replacements may be required if trees were used to satisfr landscape code
requirements at the direction of the Chief Building Official or his/her designee.
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.
(0) Lethal Yellowing:
(1) Lethal yellowing is an incurable disease of palms. Coconut varieties which
are resistant to lethal yellowing must be planted. All Coconut palms must be
grown from certified seed and must be documented at the time of
inspection.
(2) Palms considered to be highly susceptible to Lethal yellowing are not
permitted to be planted. Pritchardia Palm - Pritchardia and Coconut
varieties not resistant to lethal yellowing are not permitted to be planted.
Section 3. That Appendix "A" of the Land Development Regulations be. and the same
is hereby amended to read:
CALIPER: An instrument used to measure the diameter of a tree. In common
vernacular. often used interchangeably with the term diameter.
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CANOPY COVERAGE: The coverage of a tree. by its limbs and leaves. of the
ground below. Often referred to as 'spread of canopy'.
DIAMETER: The Diameter of a tree measured at 4 Yz feet above grade.
DRIPLINE: An imaginary line on the ground defined by the vertical lines which
extend from the outer most tips or canopy. to the ground.
EXCEPTIONAL SPECIMEN TREE: Any tree determined to be of value to the
public because of its size. location. age. historic association. ecological value.
aesthetics or other unique characteristics.
(a) Size: Twenty-four (24) caliper inches or more.
(b) Location: Proximity to a thoroughfare or higWy traveled area.
(c) Age: Approximate-based on size.
(d) Historic Association: Tree is associated with a notable or local or
regional historical event.
(e) Aesthetics: Exceptional representation of a certain species of tree
because of its form or character.
EXEMPT TREES: Trees that do not require a permit for removal.
LAND CLEARING: The removal or grubbing. by any means. of any type of
vegetation from land. Land clearing also includes the removal of trees greater than 4
inches in caliper when measured at six (6) inches above grade.
LANDSCAPE PLAN OF RECORD: The landscape plan approved by the City
during the initial development proposal. or the most recent approved modification
or revision of the approved plans. This plan shall govern the landscaping permitted
and required on the site. and shall be maintained for the life of the project.
NATIVE PLANT COMMUNITY: Associations of native plants which are found
in areas with similar soil types and fertility. water availability. and climate. which
result in a balanced and self-sustaining system.
PROTECTED TREE: Any tree. other than nuisance trees. as defined in this
section. with a minimum trunk diameter of four (4) inches. measured at six inches
above grade.
15
ORD. NO. 37-06
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PROTECTIVE BARRIER: Fencing used to separate protected trees from other
activities on a construction site. The barrier must extend to the drip line of the tree
and these areas shall remain free of vehicular traffic and stockpiling of materials.
REMOVAL OF A TREE OR TREE REMOVAL: shall mean either removing a
tree from the ground in which it grew or effectively removing a tree through
damaging the trunk. topping. damaging. or removing major roots. limbs. or
removing sufficient canopy which results in the decline or death of the tree. or
becomes a hazard to public safety and actually must be removed.
ROOT BARRIER: A barrier placed between a tree's roots and adjacent sidewalks.
utilities. pavement. or any other improvement. which is installed with the express
purpose of providing protection from the invasion of the tree's roots into that
improvement.
SHADE TREE: A tree which can develop a large canopy and provide shade and
reduce the effects of heat and light. which can help moderate the temperature
through the cooling effects of evapotranspiration.
SPECIMEN TREE: All approved trees with a caliper of 24 inches or more.
STREET TREES: Trees or palms on land lying within public rights-of-way or
easement(s). Within sub-divisions. street trees may be planted on private property
abutting the street. if utilities or easements restrict placement in the right-of-way. A
street tree planting plan is required with all residential subdivision plats.
TREE: For the purpose of this section. the term tree will also apply to palms. unless
a distinction is made.
TREE ABUSE: Shall mean any act which will cause a tree to die within a period of
two years. e.g.. damage inflicted on the root system by heavy machinery: changing
the natural grade around the root system or the trunk: damage inflicted on the tree
permitting infection or pest infestation or application of any chemical: or paving with
concrete. asphalt or other impervious materials to within six feet of the outside
diameter of the tree. without prior approval from the City.
TREE TRUST FUND: An account established by the City's Finance Department
to be used as a depository for funds for owners and/ or developers who are unable to
comply with the tree or palm planting/replacement requirements of the City's Land
Development Regulations. due to physical constraints. A fee of one-hundred dollars
($100.00) shall be deposited into this fund for each tree the developer/owner is
16
ORD. NO. 37-06
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unable to provide and install. These funds shall be used to off-set the City's costs for
future trees and palms and tree trimming for parks and streetscapes.
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 all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on
second and fInal reading.
17
ORD. NO. 37-06
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\~PASSED AND ADOPTED in regular session on second and final reading on this the
'\ day of ~ ~ II Q... .2006.
~ltA
MAYOR "-
ATTEST:
~\)'~~L~
CI1Y CLERK
Fitst Reading ~ ~()\l1
Second Reading ~ ~ \0\0
18
ORD' NO. 37-06
MEMORANDUM
TO:
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER tflv1
AGENDA ITEM # \0:]: - REGULAR MEETING OF SEPTEMBER 19.2006
ORDINANCE NO. 37-06
SUBJECT:
DATE:
SEPTEMBER 15, 2006
This ordinance is before Commission for second reading and public hearing to amend Land
Development Regulations (LDR) repealing Section 4.6.19, "Tree Protection" and Section 2.4.6(E),
"Tree Removal Permit" and enacting a new Section 4.6.19, "Tree Ordinance", to provide for the
regulation, pruning and preservation of trees including historic trees; establishing land clearing and
tree removal regulations and permit fees as well as the establishment of a tree trust fund; and
amending Appendix "A", "Definitions", to provide for definitions for various terms related to trees.
At the fIrst reading on September 5, 2006, the Commission passed Ordinance No. 37-06.
Recommend approval of Ordinance No. 37-06 on second and final reading.
S:\City Clerk\agenda memos\Ord. No. 37-06 Trees 091906
City of Delray Beach
Memo
To: City commissi:.I1.
From: City Manager f)r \
CC:
Date: September 1, 2006
Re: Proposed Tree Ordinance
Attached is a draft Tree Ordinance which has been approved by the Planning and Zoning
Board. I recommend that the Commission review this ordinance very carefully since it
contains a number of new concepts for Delray Beach.
I am concerned about the definition of "Exceptional Specimen Tree." As currently written, it
is impossible for a property owner to know whether any given tree with a caliper of 24 inches
or more will be a specimen tree or not. I am afraid that if we were challenged, the definition
could be determined to be too vague. But, the City Attomey would best advise you on that
point from a legal perspective.
Furthermore, I recommend that definitions and fees not be fully set forUl within Section
4.6.19 Tree Ordinance, but rather that Section 4.6.19 cross reference those sections where
definitions and fees are spelled out in full. As a principle of ordinance drafting it is not a good
idea to repeat the same provisions in more than one part of an ordinance. I have seen too
many instance where, over time, provisions repeated in different sections of the code are
amended differently, resulting in conflicting provisions.
1
12.f
FROM:
DAVID~#RDEN, CI
PAUL ~G, CA, 01 E TOR OF PLANNING AND ZONING
/tI~..A.. #Ie
MARK MCDONNELL, P, ASSISTANT PLANNING DIRECTOR
MEETING OF SEPTEMBER 5, 2006
CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS INCLUDING REPEALING SECTIONS 2.4.6(E) AND 4.6.19,
AND ENACTING A NEW SECTION 4.6.19, TREE ORDINANCE AND NEW
DEFINITIONS TO APPENDIX A, REGARDING THE PROTECTION, REMOVAL,
AND PERMITTING REQUIREMENTS RELATING TO TREES, AND THE
ESTABLISHMENT OF A TREE TRUST FUND.
TO:
THRU:
SUBJECT:
This amendment is a City initiated LOR change that is in response to recent concerns with the
removal of significant trees during new development and redevelopment.
Current LOR Section 2.4.6.(E), Tree Removal Permit, is located in the section of the code that
pertains to procedural requirements for approval. Current LOR Section 4.6.19, Tree Protection,
is located in the section of the code that pertains specifically to Landscape Regulations. Both of
these LOR sections are to be repealed entirely, and replaced with a new Section 4.6.19 entitled,
Tree Ordinance, which consolidates both repealed sections with enhancements and
modifications, and also includes language currently located in Section 4.6.16.(Landscape
Regulations ).
Following are examples of noteworthy changes reflected in the proposed amendment:
· A series of 19 new definitions are to be added to the LOR in this section. Among the new
definitions include: Exceptional Specimen Tree; Protected Tree; Root Barrier; Tree Abuse;
and Tree Trust Fund.
· The establishment of a Tree Trust Fund, which is an account to be used as a depository for
funds for owners and/or developers who are unable to comply with the tree or palm
planting/replacement requirements due to physical constraints. The funds shall be used to
oft-set the City's costs for future trees and palms and tree trimming for parks and
streetscapes.
· A new section called Designation/Protection of Exceptional Specimen Trees is added. It
prioritizes the need for preservation of such trees for properties undergoing development as
they are newly defined by this amendment.
· Trees requiring removal due to an emergency (trees deemed hazardous enough to
endanger the public health or safety), currently require a permit to be issued within 24 hours
of the verbal issuance. The new regulation requires a permit to be applied for within 7
days.
· Permit fees are currently located in Section 2.4.3.(K)(3) and are now repeated in this new
section, with increases. For example, to clear one acre the current fee is $5, and the
revised fee is $25. Tree removal permits now cost $16.50, with the new fee rising to $25.00.
LOR Section 2.4.3.(K)(3) will to be amended in the future to reflect these new fees. This
amendment will follow and will be presented for a recommendation by the Planning and
Zoning Board at a future meeting.
City Commission Documentation
Meeting of September 5, 2006
Tree Ordinance
Page 2
· A new section is added that triples the fee when each tree without a tree removal permit is
removed. Also, a $500.00 fee is assessed when removing an Exceptional Specimen Tree,
along with replacement of the tree with one or more trees with the equivalent number of
caliper inches; any difference is applied the in-lieu fee which is to be deposited into the Tree
Trust Fund.
· Additional sections have been added that address Hurricane Preparedness and Cleanup;
Avoidance of Overhead Utilities; Avoidance of Underground Utilities and Fire Hydrants; and
Species Prohibited have been reiterated.
At its meeting of June 19, 2006, the Planning and Zoning Board held a public hearing in
conjunction with the text amendment. The Board then voted 4-2 (Chuck Halberg absent, Paul
Zacks and Diane Borchardt dissented) to recommend approval of the text amendment request to
enhance the City's tree protection by adopting the findings of fact and law contained in the Staff
Report and finding that the request is consistent with the Comprehensive Plan and meets the
criteria set forth in LOR Section 2.4.5(M)(5).
By motion, move to approve the amendment to Land Development Regulations Section 4.6.19
Tree Ordinance by adopting the findings of fact and law contained in the Staff Report and finding
that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LOR
Section 2.4.5(M)(5).
Attachment:
. Planning & Zoning Staff Report of June 19, 2006
MEETING DATE: JUNE 19,2006
AGENDA NO.: IV.E.
AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS INCLUDING REPEALING SECTIONS
2.4.6{E) AND 4.6.19, AND ENACTING A NEW SECTION 4.6.19, TREE
ORDINANCE AND NEW DEFINITIONS TO APPENDIX A, REGARDING
THE PROTECTION, REMOVAL, AND PERMITTING REQUIREMENTS
RELATING TO TREES, AND THE ESTABLISHMENT OF A TREE TRUST
FUND.
The item before the Board is that of making a recommendation to the City Commission
regarding a City-initiated amendment to the Land Development Regulations to address the
protection, removal, and permitting of trees, and the establishment of a 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 to the
City Commission.
This amendment is a City initiated LOR change that is in response to recent concerns with the
removal of significant trees during new development and redevelopment.
Current LOR Section 2.4.6.(E), Tree Removal Permit, is located in the section of the code that
pertains to procedural requirements for approval, and contains the following sections:
· Rule (i.e., applicability)
· Required information
· Procedure
· Imposition of conditions
· Issuance of permit
Current LOR Section 4.6.19, Tree Protection, is located in the section of the code that
pertains specifically to Landscape Regulations, and contains the following sections:
· Rule (Le., applicability)
· Method
· Exceptions
Both of the above LOR sections are to be repealed entirely, and replaced with a new
Section 4.6.19 entitled, Tree Ordinance, which consolidates both repealed sections with
enhancements and modifications, and also includes language currently located in
Section 4.6.16.
IV.E.
Planning and Zoning Board Memorandum Staff Report, June 19, 2006
Amendment to LDRs Pertaining to Trees and Creating a Tree Trust Fund
Following are the noteworthy changes reflected in the proposed amendment:
· A new subsection allows for enforcement of violations of this ordinance under
Chapter 100 of the Code of Ordinance. This will allow abatement and alternative
enforcement along with an assessment of costs, interest and attorney fees by
the City.
· Review by the Landscape Compliance Committee, and the section that details
the Appeal option, have been removed. This Committee was formed in 1993 to
review a high volume of landscape plan submittals that resulted from an
aggressive landscape enforcement effort that began in 1990. The Committee is
no longer needed or active, as it was necessary only for this specific
enforcement effort.
· A series of 19 new definitions are to be added to the LOR in this section. Among
the new definitions include: Exceptional Specimen Tree; Protected Tree; Root
Barrier; Tree Abuse; and Tree Trust Fund.
· The establishment of a Tree Trust Fund, which is an account to be used as a
depository for funds for owners and/or developers who are unable to comply with
the tree or palm planting/replacement requirements due to physical constraints.
The funds shall be used to off-set the City's costs for future trees and palms and
tree trimming for parks and streetscapes.
· A new section called Designation/Protection of Exceptional Specimen Trees is
added. It prioritizes the need for preservation of such trees for properties
undergoing development as they are newly defined by this amendment.
· The tree size allowed to substitute those existing exceptional specimen trees for
required parking spaces is changed from 12" caliper at 1 foot above grade, to 24"
caliper at 4-1/2 feet above grade. Also, a modified section includes offsets for
those trees that are required to be preserved. It requires replacement to be an
equivalent number of caliper inches, or that it be 18 feet in height with a 1 a-foot
canopy spread. Any difference is to be made up by payment of an in-lieu fee
into the Tree Trust Fund.
· Trees allowed to be removed are expanded to include those that the Chief
Building Official has deemed to be hazardous.
· Personnel allowed to remove trees are clarified to be those individuals licensed
by the City of Delray Beach as a tree trimmer or arborist, and not those licensed
as a landscape contractor.
· Single family unit owners may submit tree removal or land clearing permit
applications, provide the unit is owner occupied, and it is determined the work
can be performed by the owner safely.
· Trees requiring removal due to an emergency (trees deemed hazardous enough
to endanger the public health or safety), currently require a permit to be issued
within 24 hours of the verbal issuance. The new regulation requires a permit to
be applied for within 7 days.
· The list of trees considered nuisance trees can be removed without a permit has
been expanded to include Carrotwood, Scheffelera, and Bischofia.
2
Planning and Zoning Board Memorandum Staff Report, June 19, 2006
Amendment to LDRs Pertaining to Trees and Creating a Tree Trust Fund
· Permit fees are currently located in Section 2.4.3.(K)(3) and are now repeated in
this new section, with increases. For example, to clear one acre the current fee
is $5, and the revised fee is $25. Tree removal permits now cost $16.50, with
the new fee rising to $25.00. Current Section 2.4.3.(K)(3) will need to be
amended to reflect these new fees as well. This amendment will follow and will
be presented for a recommendation by the Planning and Zoning Board at a
future meeting.
· A new section is added that triples the fee when each tree without a tree removal
permit is removed. Also, a $500.00 fee is assessed when removing an
Exceptional Specimen Tree, along with replacement of the tree with one or more
trees with the equivalent number of caliper inches; any difference is applied the
in-lieu fee which is to be deposited into the Tree Trust Fund.
· New sections have been added that detail allowable Shade Tree Trimming; Palm
Tree Trimming; Tree Trimming, Removal & Maintenance Requirements in the
Public Right-of-Way.
· Additional sections have been added that address Hurricane Preparedness and
Cleanup; Avoidance of Overhead Utilities; Avoidance of Underground Utilities
and Fire Hydrants; and Species Prohibited have been reiterated.
· A new section requires all prohibited tree species to be removed from all
properties by January 1, 2009.
· New definitions are added, some of which are also included in the newly created
Section 4.6.19.
REQUIRED FINDINGS
LOR Section 2.4.5(M)(5) (FindinQs): Pursuant to LOR Section 2.4.5(M)(5) (Findings), in
addition to LOR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable Objective and Policies were noted:
Conservation Element Obiective 8-2
Programs of education and regulation shall be implemented to increase public awareness and
provide for the protection of flora and fauna. Regulatory measures shall ensure the protection,
preservation, conservation, and appropriate use and protection of fisheries, wildlife and marine
habitats which serve as habitat for endangered and threatened plant and animal species.
Conservation Element Policy 8-2.2
Whenever and wherever significant or sensitive flora and fauna communities are identified,
plans shall be required to preserve the habitat to the extent feasible, or provide for mitigation if
preservation is infeasible or inappropriate.
Conservation Element Policy 8-2.3
3
Planning and Zoning Board Memorandum Staff Report, June 19, 2006
Amendment to LDRs Pertaining to Trees and Creating a Tree Trust Fund
A tree permit shall be necessary to remove or destroy any tree which has a diameter of four
inches or greater.
All of these referenced components of the Conservation Element center around the protection
of vegetative communities including specimen trees. This amendment will promote the
identification of significant and important flora resources and provide some oversight and
additional protection. Given this, the LDR amendment furthers this objective and these policies.
Therefore, based on the above, a positive finding can be made that the amendment is
consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive.
Courtesy Notices:
Courtesy notices were provided to the following homeowner and civic associations:
· Progressive Residents of Delray (PROD)
· President's Council
· Neighborhood Advisory Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
The purpose of this City-initiated LDR text amendment is to enhance the protection of
substantial flora within the City limits. The proposed amendment is consistent with and furthers
the Goals, Objectives and Policies of the Comprehensive Plan.
Recommend approval of the City-initiated amendments to LDR Section 2.4.6 (E), Section
4.6.19 and Appendix A (Definitions), relating to the designation and protection of Trees, by
adopting the findings of fact and law contained in the staff report and finding that the request is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the
Land Development Regulations.
Attachment:
· Proposed Ordinance No. 37-06
4
ORDINANCE NO. 37-06
AN ORDINANCE OF THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y
BEACH, FLORIDA, REPEALING SECTION 4.6.19, "TREE PROTECTION"
AND SECTION 2.4.6 (E) "TREE REMOVAL PERMIT" OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CI1Y OF DELRA Y BEACH AND ENACTING A NEW SECTION 4.6.19,
"TREE ORDINANCE" TO PROVIDE FOR THE REGULATION, PRUNING,
AND PRESERVATION OF TREES, INCLUDING HISTORIC TREES, AND
ESTABLISHING LAND CLEARING AND TREE REMOVAL
REGULATIONS AND PERMIT FEES AS WELL AS THE ESTABLISHMENT
OF A TREE TRUST FUND; AMENDING APPENDIX "A" DEFINITIONS,
TO PROVIDE DEFINITIONS FOR VARIOUS TERMS RELATED TO TREES;
PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the City's Tree Protection Ordinance requires updating to address many tree
related issues including the protection of exceptional specimen trees, trees that should or should not
be planted in certain areas, proper tree trimming and to address Hurricane Preparedness and cleanup
and avoidance of overhead and underground utilities; and,
WHEREAS, a tree trust fund is needed to provide funds to enforce the codes as well as for
tree trimming/maintenance and landscape elements for streetscapes.
NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA:
Section 1. That Land Development Regulations Section 4.6.19, "Tree Protection" is
hereby repealed in its entirety.
Section 2. That Land Development Regulation 2.4.6 (E), "Tree Removal Permit" is
hereby repealed in its entirety.
Section 3. That the Land Development Regulations are hereby amended by enacting a
new Section 4.6.19, "Tree Ordinance" to read as follows:
Section 4.6.19 Tree Ordinance.
(A) Purpose: The purpose of this section is to promote the public health. safety and
general welfare and to encourage the protection of trees.
(B) Applicability: This section shall apply to improved and unimproved properties
within the City. including single family homes. It is understood that single family homes
ORD NO. 37-06
constructed prior to 1990 will not have a 'landscape plan of record'. but they shall. in all
other respects. comply with the terms and provisions of this ordinance.
(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 the 'Tree
Ordinance' shall b~ 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. a tree removal permit or
land clearing permit. must be submitted and approved:
(2) Enforcement: Violations of this ordinance 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. or
injunctive relief.
(3) Relief: Relief from the provisions of this Section shall only be granted
through the waiver process [Section 2.4.7(3)] by the City Commission. Site Plan Review and
Appearance Board or Historic Preservation Board as applicable.
(0) Preservation and Promotion of Existing Plant Communities: All existing
native plant communities on sites proposed for development shall be preserved where
possible through their incorporation into the required open space. Existing plant
communities that are specified to remain shall be preserved to the greatest extent possible
with trees. understory. and ~ound 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 process. 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 'Iz feet above grade. All
development proposals shall protect existing trees on site to the fullest extent
possible and shall illustrate on the site/landscape all new development in
relation to all trees on the site with a four inch (4") or greater trunk
diameter.
2
ORD. NO. 37-06
(a) Trees which are to be preserved on a site shall be protected from
damage during the construction process according to appropriate tree
protection techniques. The "Tree Protection Manual for Builders
and Developers" published by the Division of Forestry of the State
of Florida. Department of Agriculture and Consumer Service. shall
be the standard for determining the appropriateness of proposed
. techniques. All trees which are to be preserved and do not survive
shall be replaced by a tree of equal size or an equivalent number of
trees based on trunk diameter.
(2) Designation/Protection of Exce..ptional Specimen Trees. Where site or
development plan approval is required. the approving board shall make the
determination in conjunction with the Chief Building Official or his/her
designee that a tree meets the designation criteria for an exceptional
specimen tree. All development proposals shall protect existing trees to the
fullest extent possible and shall illustrate on the site/landscape 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. . EveIJ' 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 done upon
issuance of a tree removal permit. after all other considerations have been
exhausted.
(3) Substitution of Mature, Exce..ptional Specimen Trees/Specimen Trees
for Required Parking:
(a) The City ma.y require or the applicant may request the substitution of
existing, mature. health.y. exceptional specimen/specimen trees
specimens for required parking spaces in instances where the
following conditions are met:
1. Such trees are of a hardwood and/or deciduous variety and a
minimum of twenty-four inches (24") in diameter measured
at four and a half feet (4 1/2') above grade.
2. Such trees are free of disease and insects.
3
ORD. NO. 37-06
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 R~gulations.
(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 (J-:IPB) 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 may be 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 tr~e 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
Chief Building Official or his/her designee shall approve such
replacements.
(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 unlawful for any person. without first
Qbtaining 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 measured four and
one-half (4 Yz') feet above grade and/or any exceptional specimen tree.
(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.
4
ORD. NO. 37-06
relocated on site. or remain in place on site. Any exceptional
specimen trees must be identified on the tree survey. required by
Section 4.6.19(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 begin 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 and/or tree removal permit 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 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 ApJ>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 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 Department 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 surve.y.
(c) Designation of all diseased trees and any trees endangering any
structures. roadways. pavement. utilities. and/or utilit.y lines.
(d) Designation of any trees proposed to be removed from the site,
relocated on the site. or retained in their present location.
(e) Any proposed ~ade changes which might adversely affect or endanger
any trees on the site with specifications as to how to maintain such
endangered trees.
5
ORD. NO. 37-06
(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 f1l111ng. 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 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 b(( valid for a period of 180 days.
Permit applications that include tree removal must be submitted by a
tree trimmer or arborist. licensed with the City of Delray Beach.
Contractors licensed simply as a landscape contractor shall not
remove trees.
(b) Issuance for Sit\gle Family 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) 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 require removal without delay. verbal
authorization may be 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.
6
ORD. NO. 37-06
(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 obtaining 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 or 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 (15) 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 mus~ be planted within sixty (60) da.ys 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 tree replacement on a
caliper inch-per-inch basis. an in-lieu of fee shall be deposited into
the Tree Trust Fund. 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 applicant shall be req}lired to plant a tree
with a minimum twelve foot (12') height and six foot (6') spread of
canopy.
(6) Exceptions to Permit Requirements:
7
ORD. NO. 37-06
(a) Tree Species Exceptions: 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 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 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 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) Land Clearing & Tree Removal Permit Fees. Permit fees for
Land Clearing Permits are based on the total number of acres. An
additional fee is required for each tree removed. Permit Fee amounts
are provided in Section 2.4. 3 (k) (2) 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
8
ORD. NO. 37-06
the tree is of a prohibited species. there shall be no permit fee. even
though inspection and permitting and replacement requirements shall
be met.
(S) 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. 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. 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.
(b) Exceptional Specimen Trees: The penalty for removing a
exceptional specimen tree shall 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.
(F) Shade Tree Trimming: 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 trimming 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:
(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 six 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 three years in an effort to repair
the stryctural damage to the tree. if in the opinion of the arborist. 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.
9
ORD. NO. 37-06
(2) Trees shall be allowed to attain their normal size. and at a minimum attain a
twenty (20) foot 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 six (6) feet of clear trunk. and as they mature. the
clearance shall be increased to seven 0) 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 re9uce leaf mass in preparation
of tropical storms. No more than 30% of a trees interior canopy,
however. shall be removed through thinning. Do not over-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 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 Trimming: Many palms are self pruning, however. for aesthetic reasons
palm fronds are often removed. The practice of removing all but a few fronds significandy
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.
10
ORD. NO. 37-06
(J-:I) Tree Trimming/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 visibilit;y 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.
Q) 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 Tree Trimming
(a) All coconut palms must have their coconuts removed prior to
hurricane season. Palm fronds that are dead should be removed.
(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:
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 % 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
11
ORD. NO. 37-06
branch growth on the opposite side can help re-balance the
tree.
4 Remove rubbing branches. suckers and water sprouts.
Branches rubbing against each other produce wounds and
decay. and one of the branches should be removed.
Watersprouts and sucker growth can occur at the base of the
tree and inside the crown. These branches are 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 are 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 poor 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:
(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 prop~rties 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
12
ORD. NO. 37-06
caliper inch basis, thereby not requiring a deposit into the tree trust
fund. Residential properties have one (1) year from the storm event.
and non-residential properties have six (6) months after the storm
event. The Chief Building Official or his/her designee may approve
additional time for replacement in instances where damage has been
severe or tree replacements are unavailable.
(K) Avoidance of Overhead Utilities:
(1) Required perimeter landscape buffers often coincide with utility
easements. Careful selection of tree species is essential to minimize conflicts as trees
mature. The ultimate mature height and width of a tree to be planted should not
exceed the available overhead growing space. Tree species shall be consistent with
the recommendations in the most recent publication of Florida Power & Light
Company's "Plant the Right Tree in the Right Place" (copies available at the Building
Department. which provides recommendations for tree selections or online at
www.FPL.com).
(2) The developer may also consider working with utility companies to have
overhead lines placed below ground.
(L) Avoidance of Underground Utilities & Fire Hydrants:
(1) Trees and palms shall not be planted within ten (10) feet of any
underground utilities, as measured from the center of the root ball. unless a root
barrier is provided. in which case the root barrier must be a minimum of four feet
(4') from the city water main. or sewer or other utility or service.
(2) No vegetation. except grass and low ground covers below two (2) feet in
height may be planted within ten (10) feet of a Fire Hydrant.
(3) Trees may be permitted in utility easements only with the written
permission of the utility provider(s). as part of the site plan. or landscape plan review.
(M) Species Prohibited: The following is a list of invasive exotics 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 auriculiformis
13
ORD. NO. 37-06
(6) Scheffelera - Brassaia actinophylla
(7) Bischofia - Bischofia javanica
(N) Prohibited Species Removed:
All Prohibited Species shall be removed from all properties by January 1. 2009. and
tree replacements may be required if trees were used to satisfy landscape code
requirements at the direction of the Chief Building Official or his /her designee.
Trees shall be replaced per the approved plan on a tree-pet-tree basis and not on a
caliper inch basis. thereby not requiring a deposit into the tree trust fund.
(0) Lethal Yellowing:
(1) Lethal yellowing is an incurable disease of palms. Coconut varieties which
are resistant to lethal yellowing must be planted. All Coconut palms must be
~own from certified seed and must be documented at the time of
inspection.
(2) Palms considered to be highly susceptible to Lethal yellowing are not
permitted to be planted. Pritchardia Palm - Pritchardia and Coconut
varieties not resistant to lethal yellowing are not permitted to be planted.
Section 3. That Appendix "A" of the Land Development Regulations be. and the same
is hereby amended to read:
CALIPER: An instrument used to measure the diameter of a tree. In common
vernacular. often used interchangeably with the term diameter.
CANOPY COVERAGE: The coverage of a tree. by its limbs and leaves. of the
ground below. Often referred to as 'spread of canopy'.
DIAMETER: The Diameter of a tree measured at 4 % feet above ~ade.
D RIPLINE: An imaginary line on the ground defined by the vertical lines which
extend from the outer most tips or canopy. to the ground.
EXCEPTIONAL SPECIMEN TREE: Any tree determined to be of value to the
public because of its size. location. age. historic association. ecological value.
aesthetics or other unique characteristics.
(a) Size: Twenty-four (24) caliper inches or more.
(b) Location: Proximity to a thoroughfare or highly traveled area.
(c) Age: Approximate-based on size.
14
ORD. NO. 37-06
(d) Historic Association: Tree is associated with a notable or local or
regional historical event.
(e) Aesthetics: Exceptional representation of a certain species of tree
because of its form or character.
EXEMPT TREES: Trees that do not require a permit for removal.
LAND CLEARING: The removal or grubbing. by any means. of any type of
vegetation from land. Land clearing also includes the removal of trees greater than 4
inches in caliper when measured at six (6) inches above grade.
LANDSCAPE PLAN OF RECORD: The landscape plan approved by the City
during the initial development proposal. or the most recent approved modification
or revision of the approved plans. This plan shall govern the landscaping permitted
and required on the site. and shall be maintained for the life of the project.
NATIVE PLANT COMMUNITY: Associations of native plants which are found
in areas with similar soil types and fertility. water availability. and climate. which
result in a balanced and self-sustaining system.
PROTECTED TREE: Any tree. other than nuisance trees. as defined in this
section. with a minimum trunk diameter of four (4) inches. measured at six inches
above grade.
PROTECTIVE BARRIER: Fencing used to separate protected trees from other
activities on a construction site. The barrier must extend to the drip line of the tree
and these areas shall remain free of vehicular traffic and stockpiling of materials.
REMOVAL OF A TREE OR TREE REMOVAL: shall mean either removing a
tree from the ground in which it grew or effectively removing a tree through
damaging the trunk. topping. damaging. or removing major roots. limbs. or
removing sufficient canopy which results in the decline or death of the tree. or
becomes a hazard to public safety and actually must be removed.
ROOT BARRIER: A barrier placed between a tree's roots and adjacent sidewalks.
utilities. pavement. or any other improvement. which is installed with the express
purpose of providing protection from the invasion of the tree's roots into that
improvement.
SHADE TREE: A tree which can develop a large canopy and provide shade and
reduce the effects of heat and light. which can help moderate the temperature
through the cooling effects of evapotranspiration.
15
ORD. NO. 37-06
SPECIMEN TREE: All approved trees with a caliper of 24 inches or more.
STREET TREES: Trees or palms on land lying within public rights-of-way or
easement(s). Within sub-divisions. street trees may be planted on private property
abutting the street. if utilities or easements restrict placement in the right-of-way. A
street tree planting plan is required with all residential subdivision plats.
TREE: For the purpose of this section. the term tree will also apply to palms. unless
a distinction is made.
TREE ABUSE: Shall mean any act which will cause a tree to die within a period of
two years. e.g.. damage inflicted on the root system by heavy machinery: changing
the natural grade around the root system or the trunk: damage inflicted on the tree
permitting infection or pest infestation or application of any chemical: or paving with
concrete. asphalt or other impervious materials to within six feet of the outside
diameter of the tree. without prior approval from the City.
TREE TRUST FUND: An account established by the City's Finance Department
to be used as a depository for funds for owners and/or developers who are unable to
comply with the tree or palm planting/replacement requirements of the City's Land
Development Regulations. due to physical constraints. A fee of one-hundred dollars
($100.00) shall be deposited into this fund for each tree the developer/owner is
unable to provide and install. These funds shall be used to off-set the City's costs for
future trees and palms and tree trimming for parks and streetscapes.
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 all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on
second and final reading.
16
ORD. NO. 37-06
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2006.
MAYOR
ATTEST:
CI1Y CLERK
First Reading
Second Reading
17
ORD. NO. 37-06
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CITY,QF llE!.RAy BEACH,l'UlRlO!\
N~OF~~
A PIJBLJC HEARING willbij..hekf on'
tha kJlIOwilg proposed g~at
7:00'p:m. on 'TUESDAY, 'SEPTEM-
BER 19, 2OO6;,or at BtI'f continUation
of s"c1rmeellng,l'hichis SOl ,by the
Commission)" in the City CommissIOn
Chambe<s,100 NW. 1st A"""Ill>, ~-
ray _, FJgrida, atw\1lcl1.time the.
City" Co~JUi~_sion~lIVillConsj~r- ~J
adoption.__The;p,ppo~ -ordi~ances'
"",y be ~ atlhO OlIiCeof the
City <:;IerI< lit City Hall, 100 t;,W. 1st
A."""a, Delray'Beach, Florida, be-
-. the hotn '" 8:00 a.m.n 5:00
~M9~~~=~
_ :;' a1iendilRibe ti8ard wi1h ra-
spectto the prlIllliS8d~.
ORilINANCeNO.37-01l' ,
N>l ORDINANCE OF TI'IE CITyrCOM~
MISSION OF niE CITY OF DaRAY
BEACH, 'FLQRIDA", REPEAliNG
SEEmON' 4.8.19, 'TREEPROTEC-
, TION' ANDSECTlON EE
REMQVAt PEIll 0
DEVaOPMENT R OF
THE COD,E OF:'ORDlNANCES Of.
lifE CITY OF 08.RAYBEACH AND
ENACTING A f'll;W SECTlOO 4.6.19,
"TREE ORDINANCE'TO P@OVIDE
F9RTIlE 'REGUlATION,' PRUNING,
AND PBESEf!Vi\TION:OFTREES,
INCWDtNG. EXCEPTIONAFSPECI.
MEN TREES,ANDESTABUSHING
LAND C(;EARI~, AND TREE RE-
MOVAL REGUlATIONS AND. PER-
M IT FEE$ AS.:,WEll AS T.H.E Es.
TABlISHMENT OF A TREE"TRUST
FUND: AMENDING A""ENDIX "A'
'DEFiNITIONS, TO. PRQVIDE DEFI,
NITIONS FOR\'AR1OlJS TEllMS RE-
lATED TO. TI'lEES; l'IlOVIDING A
SAViN<3S cu.USE. A GENERAL RE-
PEALER CLAlJIiE, AND AN'EFFEC-
TlVE DATE. . .
0R0INA1ICl' NO. 4HI6.
AN ORDIN ]'HE CITY COM'
MISSION OF rrY OFOaRAY
BEACji, ING THE
LAND DE REGULA-
1'IQNS 0. FORDI-
NANQES,.BY, 'SECTION
4.4i.13(Fl(3), > FRONTAGE
AND FRONT SETBACKS', ANDSEC-
TION .4.4.'3(I:f), "SP~ REGUlA- "
~
] III Le~al .\OtIc~'
TlQNS', 'IN ORDER TO. EUM1NATE
,THENONRESIOENTlAL REQUIRE"
'MENTS .FQR ,FIRST FLQORS BE-
lWEEN.NE 3RD STREET AND NE
. 4TIl STREET ON THE WEST SIDE
OFNW 2ND AVENUE AND TO AD-
JUST SETBACKS; PRQVIDING A
SAVING CLAUSE, A GENERAL RE-
o PEAlER CLAUSE, AND AN EFFEC-
TIVE DATE
'QIIllINANCE NO._
AN ORDjNANCEOF lHE CITY COM-
MISSION QF lHE CITY QF OElRAY
BEACH, FlORIDA,AMENOING ]'HE
LAND DEVELQPMENT REGULA-
TIONS. OF COOE QFORDINANCES,
BY A!(ENDING SECTlQN ..6.9(C).
'NVlIlIER OF PARKING SPACES
IlEaUIRED', SUBSECTlQN
4,8:9(C){3}; "REQUIREMENTS FQR
CQMMERCIAl USES';' AMENDING
APPENDIX A, 'DEFINITIQNS", TO.
PRQVIDE FOR A DEFINITIQN AND
PARKING REGULATIONS REGARD-
ING . PEASONAl' SERVICE PRQVID-
E8S;PRQVIDING A SAVING
ctAUl\E, A GENERAL REPEALER
ClAUSE,<AND 'AN, EFFECTIVE
DATE
OROINANCE NO. 4_
AN ORIlINANCEOF lHE Cl'rv COM-
MlsSiONbF 1liE cliY QF DELRAY
BEACH,; FtORIDA,AMENDING TIlE
LAND DliVEl.QPMENT REGULA-
TIONSl:lFTIlE CITY QFDELRAY
BEACH, FLQRIDA,BY AMENDING
SECTlQN 2.4.7(E}, 'APPEALS' TO.
CLARIFY. '(liE DEFINITIQN QF
'APPliJ\LS'; PROVIDING A GENER-
AL REPEAlER CLAUSE, A SAVING
cu.USE AND AN EFFECTIVE DATE
ORDINANCE NO, 5CHI6
. AN ORDINANCE OF THE CITY COM-
MISSJCI'! OF ]'HE CITY QF08.RAY
'BEACH. ;RQRIDA" AI-,1ENDING
GHAPTER 5t, 'GARBAGE AND
DE]'HE CODE OF QRDI-
F lHE CITY OF DELRAY
\-'AMENDING SECTIQN
51. 0, 'REGULAR CHARGES LEV-
'IED', TO PROViDE FOR'INCREASED
RESIDENTIAL AND CQMMERCIAL
COuECTKlN .SERVICE RATES FOR
FY .2007; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING,
CLAUSE, AND .AN. EFFECTIVE
DATE: .'
ORDINANCE NO. 5'~
AN, ORDINANCEOFlHE CITY COM-
. MISSION OF niE CITY QF DELRAY
BEAC~, FLORIDA, AMENDING
CHAPTER 52, "WATER", QF THE
CQDE QF.QRDINANCES OF THE
CITYQF Dt;LRAY 'BEACH, BY
AMENDING SECTIQN 52.34,
'WATER RATES',SUBSECTlQN
52,34{B), TO.. PRQVIDE FQR IN-
CREASED RESIDENTIAL, NONRES-
IDENTiAl AND IRRIGATlQN RATES
FOR Fp007; PRQVIDING A GEN-
ERAL REPEAlER CLAUSE, A SAV-
ING CLAUSE, AND AN EFFECTIVE
DATE'
ORDINANCE NO. 52~
llJ I Legal .\ otire,.
AN ORDINANCE OF lHE CITY COM-
. MISSION OF. TIlE CITY OF 08.RAY
Bt;ACH, FlQRIDA, AMENDING
CHAPTER 53, "SANITARY SEW-
ERS', QFTHE CODE QF QRDI-
NANCESOF lHE CITY OF 08.RAY
BEACH, BY AMENDING SECTIQN
53.130, 'USER CHARGES; WHOlE-
SALE SEWER RATES; CALCULA-
TlQN o.F SEWER SURCHARGE",
SUBSECTJQN 53.130(0), TO PRQ-
VIDE FOR INCREASED RESIDEN-
TIAL AND NQNRESIOENTlAUCQM-
MERCIAL RATES FQR FY 2007;.
PRQVlDING A GENERAL REPEALER
CLAUSE, A SAVING ClAUSE. AND
N>l EFFECTIVE DATE
~ be advised that if a person de-
cides to appeal any decision made by
the CiW Commission with respect to
anymattef considered' at these hear.
~':~~r=: (~~%r;~I~d:S~:
test/mony' 8pdevidence upon which,
the appearfs to ,be base~; .The ,City
does not ,provide nor prepare such
. rocord. PUrsuant 10 ES. 286.0105
CITYOE DB.RAYSEACH
C""","" D. Nubin. CMC
CilyClork
PUEIUSfl.: Friday. ~ 8. 2006
Boca AalonIOetray8eactl News