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Ord 37-06 (" /,\ 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 That Land Development Regulations Section 4.6.19, "Tree Protection" is hereby repealed in its entirety.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 That Land Development Regulation 2.4.6(E), "Tree Removal Permit" is hereby repealed in its entirety.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 (''' /",,\ (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 2 ORD. NO. 37-06 (" /,\ 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. 3 ORD. NO. 37-06 (" /,\ 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. 4 ORD. NO. 37-06 (" /,\ (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. 5 ORD. NO. 37-06 (" /",\ (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 6 ORD. NO. 37-06 (" /,,\ 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- 7 ORD. NO. 37-06 (" /",\ 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: 8 ORD. NO. 37-06 ,I'" ' /,,\ (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. 9 ORD. NO. 37-06 (" /,,\ (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 10 ORD. NO. 37-06 r' /,\ 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: 11 ORD. NO. 37-06 (" /,,\ 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. 12 ORD. NO. 37-06 (" /,,\ (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. 13 ORD. NO. 37-06 (' " /",\ (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. 14 ORD. NO. 37-06 (" /,,\ 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 (" /,,\ 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 r" /,,\ 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 (''' /",,\ \~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 e o i I I . ~ <:> N q; CD ~ CI> .0 e .!! ~\ ~ ~ ~ .., ,;f I C/O ~ CI> Z .r:. u '" .!8 ~ G) e c 9 ~ '" u o !Xl 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