09-73 ORDINANCE NO. 9-73.
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
ENACTING A NEW ORDINANCE PERTAINING TO THE REMOVAL
OF CERTAIN TREES ON DESIGNATED PARCELS OF REAL
PROPERTY WITHIN THE CITY OF DELRAY BEACH; SETTING
FORTH THE PROPERTIES TO WHICH THE TERMS AND
PROVISIONS OF THIS ORDINANCE SHALL APPLY AND THE
REQUIREMENTS AND PROCEDURES FOR OBTAINING A PER-
MIT FOR REMOVAL OF TREES ON SAID PROPERTIES;
PROVIDING FOR THE RELOCATION OR REPLACEMENT OF
TREES WHERE CONSTRUCTION NECESSITATES THEIR RE-
MOVAL; SETTING FORTH CERTAIN PRECAUTIONARY PROCE-
DURES FOR PROTECTING AND PRESERVING TREES ON
PROPERTIES DURING CONSTRUCTION OF IMPROVEMENTS
THEREON; SPECIFICALLY EXEMPTING CERTAIN SPECIES
OF TREES FROM THE TERMS AND PROVISIONS OF THIS
ORDINANCE; PROVIDING FOR THE APPEAL OF THE DECISION
OF THE CHIEF BUILDING OFFICIAL TO THE BOARD OF
ADJUSTMENT CONCERNING THE ENFORCEMENT AND INTERPRE-
TATION OF THE TERMS AND PROVISIONS OF THIS ORDIN-
ANCE; PROVIDING A PENALTY FOR FAILURE TO COMPLY
HEREWITH; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE
EXTENT OF SUCH CONFLICT; PROVIDING FOR THE
SEPARABILITY OF THE PROVISIONS HEREOF.
WHEREAS, trees provide a setting with a variety of color unsur-
passed in shade and hue; and
WHEREAS, trees are an invaluable psychological counterpoint to
the man-made urban setting; and
WHEREAS, trees give shade and cool the land; and
WHEREAS, trees absorb a high per cent of carbon dioxide and return
oxygen, a vital ingredient to life; and
WHEREAS, trees are a valuable property asset that can affect an
area economically; and
WHEREAS, removal of trees impairs benefits to existing property
owners in the surrounding area and impairs economic stability and the
value of improved and unimproved real property; and
WHEREAS, removal of trees causes increased surface drainage and
soil erosion, causing increased municipal costs; and
WHEREAS, a shade tree ordinance is hereby promulgated for the
purpose of promoting community welfare through regulating removal and
destruction of trees prior to, during construction and during occu-
pan cy;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA:
Section 1. Definitions. Tree is defined as any self-supporting
woody plant of a species which normally grows to an overall height.of~
a minimum of fifteen feet (15') in the City of Delray Beach.
Section 2. The terms and provisions of this ordinance shall apply
to all real property presently situated in or subsequently annexed into
the corporate limits of the City of Delray Beach.
Section 3. Removal of trees - - Permit required.
(1) 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 inches (4") or more, said diameter being measured four and one-
half feet (4 1/2') above grade.
(2) It shall be unlawful for any licensed tree surgeon or ser-
vice company or general contractor to remove within the City of Delray
Beach any tree covered by the terms and provisions of this chapter
without first having in its possession a proper permit authorizing the
removal of said tree. Upon the third violation of the terms and pro-
visions of this chapter by any licensed tree surgeon or service company
or general contractor the City Council may, after investigation by the
Chief Building Official and recommendation by the city Manager, revoke
or suspend the City occupational license of said tree surgeon or ser-
vice company or general contractor.
(3) In the event that any tree shall be determined to be hazard-
ous or in a condition so as to endanger the public health or safety,
and requires removal without delay, verbal authorization may be given
by the Chief Building Official and the tree removed without obtaining
a written permit as hereinbefore required. Such authorization shall be
followed up with issuance of a permit as verbally authorized within
twenty-four (24) hours.
Section 4. Any person wishing to obtain a permit to remove such
a tree shall file an appropriate application with the Building and
Inspection Department of the City of Delray Beach. Said application
shall include a site plan which shows the following:
(1) Location of proposed driveways and other planned areas or
structures on said site.
(2) Ail trees four inches (4") or over in trunk diameter measured
four and one-half feet (4 1/2') above grade and identified~aa~to~itYpe,,~
trunk diameter and species.
(3) Designation of all diseased trees and any trees endangering
any roadway and pavement and trees endangering utility service lines.
(4) Designation of any trees to be removed and designation of
trees to be retained.
(5) Any proposed grade changes which might adversely affect or
endanger any trees on said site with specifications on how to maintain
the trees.
Section 5. After filing, said application shall be field checked
by the Building and Inspection Department. No permit shall be issued
for tree removal unless one of the following conditions exists:
(1) The tree is located in the buildable area or yard area where
a structure or improvements are to be placed and it unreasonably restricts
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Ord. No. 9-73.
the permitted use of the property.
(2) The tree cannot be relocated on or off the site because of
age, type or size.
(3) The tree is diseased, injured, in danger of falling, too
close to existing or proposed structures; it interferes with utility
services or creates unsafe vision clearance.
(4) It is in the interest of the general public that the tree be
removed for a reason other than set forth in this section.
Section 6. Removal of trees - - Relocation or replacement. 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 fifteen feet (15') and shall be a minimum of
eight feet (8') in height when planted, if available. Replacement
will not be required where the tree is being removed because of disease,
or interference with existing roadways, driveways, sidewalks and struc-
tures, septic tank drain fields, sewer lines or development of Commer-
cial Property which does not leave room for replacement.
Section 7. It shall be unlawful for any person in the construc-
tion of any structures or other improvements to place material, machin-
ery or temporary soil deposits within six feet (6') of any tree having
a four inch (4") or greater trunk diameter measured three feet (3')
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
protective guy wires shall be attached to any of said trees.
Section 8. Specifically exempt from the terms and provisions of
this ordinance are trees on the property of single family homes, on the
property of licensed tree nurseries, and on the easements of public
utilities and the following species of trees:
(1) Schinus Terebinthinfolius (Brazilian Pepper Tree, Florida
Holly).
(2) Metopium Toxiferum (Poison Wood).
(3) Melaleuca Leucadendron (Melaleuca).
Section 9. 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 ordinance may appeal such decision to
the Board of Adjustment in the same manner as other appeals.
Section 10. Any person, organization, society, association or
corporation, or any agent or representative thereof, who shall violate
the provisions of this ordinance shall be subject, upon conviction, to
a fine not exceeding the sum of Five Hundred Dollars ($500.00), or
imprisonment in the City Jail for not exceeding sixty (60) days, or by
both such fine and imprisonment.
Section 11. Ail ordinances or parts of ordinances in conflict
herewith are to the extent of such conflict hereby repealed.
Section 12~ Should any part or provision of this ordinance be
declared by a court of competent jurisdiction to be invalid, the same
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Ord. No. 9-73.
shall not affect the validity of the ordinance as a whole, or any part
thereof other than the part declared to be invalid.
PASSED AND ADOPTED in regular session on the second and final
reading on the 14th day of May , 1973.
City
First Reading: April 24, 1973.
Second Reading: May 14, 1973.
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Ord. No. 9-73.
DELRAY BEACH NEWS JOURNAL
PubNshed Weekly
Delray Beach, P~Im Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared .....~...~...r..y._.~..,.....~,.o...o..~..r. ................
who on oath says that he/~alt is ...~.I~..~h~x ................................... of The Delray Beach
News-Journal, a weekly newspaper published at Delray Beach in Palm Beach Count~, Flor-
ida; that the attached copy of advertisement, being a .R......O....r...d......C..~...~...J....Q...R......~....9...-...7...3.. .........
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in the ...................................................................... Court, was publ/shed in said newspaper in the
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Affiant further says that the said De]ray Beach News-Journal is a newspaper published
at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has
heretofore been continuously published in ssid Palm ]~ch County, Florida, each week and
has been entered as second class ma/l matter at the po~t office in Delray Beach, ha sa/d
Palm Beach County, Flor/da, for a period of one year next preceding the first publ/cat/on
of the attached copy of advertisement; and affiant further says that he has neither paid
nor promised any person, firm or corporation any discount, rebate, commission or refund
for the purpose of secur/ng tiffs advertisement for publlca, t/gn ha the~s~aic[ newspaj?er.
10~h..V.. ~v o~ [.....M..a..y. ..... n 73
Sworn f~ and sul~ea'ibed before me this ...................... y ........... ~. ................ ~,.. 19 ......
NOTARY PUBLIC STATE OF FLO I I AT LARO~
MY COMMISSION EXPIRES MAR. 19, 1976
BONDED THRU GENERAL INSURANCE UNDERWRITER{