13-78 ORDINANCE NO. 13-78
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING CHAPTER 25A
"TREES AND SHRUBS", ARTICLE II "REMOVAL OF CERTAIN
TREES" OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH AND SUBSTITUTING IN ITS PLACE A NEW
CHAPTER 25A, ARTICLE II ENTITLED "REMOVAL OF
SHRUB VEGETATION AND CERTAIN TREES"; PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Administration has recommended that Chapter 25A, Articl~
II of the Code of Ordinances of the City be amended to require a permit for
the removal of shrub vegetation as well as the removal of certain trees;
and,
WHEREAS~ at the August 1, 1977, workshop meeting Council agreed that
a committee should be formed to study the proposed amendment to the Code;
and,
WHEREAS, after consideration of the Con~ittee's recommendations, at
the October 3, 1977, workshop meeting, Council authorized the preparation
of the ordinance to effect the amendment to the City's Code of Ordinances,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Sections 25A-11 through 25A-20, Article II, Chapter
25A of the Code of Ordinances of the City of Delray Beach are hereby re-
pealed and new Sections 25A-11 through 25A-20 are hereby enacted to read as
follows:
ARTICLE II. REMOVAL OF SHRUB VEGETATION AND CERTAIN TREES
Sec. 25A-11. Definitions.
(a) "Tree" is defined as any self-supporting woody
plant of a species which normally grows to an
overall height of a minimum of twenty (20) feet
and a spread of fifteen (15) feet in the City
of Delray Beach.
(b) "Shrub vegetation" is defined as brushy growth
consisting of small trees and woody shrubs with
multiple or single stems measured at less than
four (4) inches in diameter at a height of
four and one-half (4%) feet above the ground.
Sec. 25A-12. Scope and application of article.
The terms and provisions of this article shall apply
to all real property presently situated in or subse-
quently annexed into the corporate limits of the City
of Delray Beach.
Sec. 25A-13. Permit required for removal of shrub vegetation and trees.
(a) It shall be unlawful for any person, without first
obtaining a permit, to clear real property of shrub
vegetation.
(b) It shall be unlawful for any person, without first
obtaining a permit to do so as herein provided, to
remove or cause to be removed or effectively remove
through damaging any tree with a trunk diameter of
four (4) inches or more, said diameter being mea-
sured four and one-half (4%) feet above grade.
(c) It shall be unlawful for any licensed tree
surgeon or service company or general contractor
to remove within the City of Delray Beach any
tree covered by the terms and provisions of this
article without first having in its possession
a proper permit authorizing the removal of said
tree. Upon the third violation of the terms
and provisions of this article by any licensed
tree surgeon or service company or general con-
tractor the City Council may, after investiga-
tion by the chief building official and recom-
mendation by the City Manager, revoke or suspend
the City occupational license of said tree sur-
geon or service company or general contractor.
(d) 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 re-
quires removal without delay, verbal authori-
zation may be given by the chief building
official and the tree removed without obtaining
a written permit as herein before required.
Such authorization shall be followed up with
issuance of a permit as verbally authorized
within twenty-four (24) hours.
Sec. 25A-14. Filing application for permit; site plan to
accompany application for tree removal; contents.
Any person wishing to obtain a permit for the clearing
of shrub vegetation and/or to remove a tree, as re-
ferred to in Sec. 25A-13, shall file an appropriate
application with the building department of the City
of Delray Beach, on forms provided by said department.
In the case of tree removal, the application shall
include a site plan which shows the following:
(a) Location of proposed driveways and
other planned areas or structures on
said site.
(b) All trees four (4) inches or over in
trunk diameter measured four and one-
half (4%) feet above grade and identi-
fied as to type, trunk diameter and
species.
(c) Designation of all diseased trees and
any trees endangering any roadway and
pavement and trees endangering utility
service lines.
(d) Designation of any trees to be removed
and designation of trees to be retained.
(e) Any proposed grade changes which might
adversely affect or endanger any trees
on said site with specifications on
how to maintain the trees.
Sec. 25A-15. Application to be field checked; conditions
prerequisite to inssuance of permit.
After filing, said application shall be field checked
by the building department.
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In the case of clearing shrub vegetation, no permit
shall be issued until an inspection and report is
made by the Chief Building Official or his designate
of those trees on the property to be cleared which
measure four (4) inches or more in diameter at four
and one-half (4½) feet above ground. A copy of the
report shall accompany the issuance of the permit
and a second copy shall be mailed to the owner of
the property along with a summary of the fee pro-
visions herein relative to the removal of trees.
Additional inspections may be made at the discre-
tion of the Chief Building Official to determine
if the provisions of this ordinance are being
complied with.
No permit shall be issued for tree removal unless
one of the following conditions exist:
(a) The tree is located in the buildable
area or yard area where a structure
or improvements are to be placed and
it unreasonably restricts the permitted
use of the property; and, the tree
cannot be relocated on the site because
of its condition, age, type or size.
(b) The tree is diseased, injured, in
danger of falling, too close to existing
or proposed structures; it interfers
with utility services or creates unsafe
vision clearance.
(c) It is in the interest of the general
public that the tree be removed for a
reason other than set forth in this
section.
There shall be paid to the Building Department a permit
fee of $5.00 for each tree removed. Where a tree has
died due to natural causes, including disease, lethal
yellow, freezing temperatures, lightening and storms,
inspection and permit shall be required as herein
provided, but the permit fee shall be waived.
Sec. 25A-16. Relocation or replacement of trees.
As a condition to the granting of a permit, the
applicant may be required to relocate the tree
being removed or required to replace it with a
tree somewhere within the site of a type that
will attain normally an overall minimum height
of at least twenty (20) feet and shall be a
minimum of eight (8) feet in height when planted,
if available. When a removed tree is replaced
with a tree of a type described in the preceding
sentence, the removal fee of five dollars
($5.00) per tree, as provided in Sec. 25A-15(e),
will be waived. Replacement will not be re-
quired where the tree is being removed because
of disease or interference with existing road-
ways, driveways, sidewalks and street areas,
septic tank drain fields, sewer lines or develop-
ment of commercial property which does not leave
room for replacement.
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In the case of an application for clearing of
shrub vegetation only, there shall be paid to the
building department a fee commensurate with the
acreage involved in accordance with the following
schedule:
1 acre $ 5.00
2-5 acres 10.00
6-10 acres 15.00
11-20 acres 25.00
over 20 acres 25.00 plus $1.00 for
each additional acre.
Sec. 25A-16. Protection of trees during construction.
It shall be unlawful for any person in the construction
of any structures or other improvements to place material,
machinery or temporary soil deposits within six (6)
feet of any tree having a four (4) inch or greater
trunk diameter measured four and one-half (4½) feet
above grade level, and during construction the builder
shall be required to erect suitable protective barriers
around all such trees to be preserved. Also, during
construction, no attachments or wires other than pro-
tective guy wires shall be attached to any of said
trees.
Sec. 25A-18. Exemptions.
Specifically exempt from the terms and provisions of
this article are trees and shrub vegetation on the pro-
perty of single family homes, on the property of licensed
tree nurseries, and on the easements~of public utilities,
and the following species of trees:
(a) Schinus Terebinthinfolius (Brazilian
Pepper Tree, Florida Holly).
(b) Metopium Toxiferum (Poison Wood).
(c) Melaleuca Leucadendron (Melaleuca).
Sec. 25A-19. Appeals from decisions of the Chief Building Official.
Any person adversely affected by a decision of the Chief
Building Official in the enforcement or interpretation
of any of the terms or provisions of this article may
appeal such decision to the board of adjustment in the
same manner as other appeals.
Sec. 25A-20. Violations and penalty.
Any person, organization, society, association or
corporation, or any agent or representative thereof,
who shall violate the provisions of this article shall
be subject, upon conviction, to a fine not exceeding
the su~. of five hundred dollars ($500.00).
Section 2. 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.
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Section 3. That this ordinance shall become effective ten days after
passage on second and final reading.
PASSED AND ADOPTED in regular session on this the 10th day of
April , 1978.
M A Y~q~-~
ATTEST:
~sst - Cit~ C~e~k
First Reading March 28, 1978
Second Reading ADril 10, 197.8
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