Ordinance No. 06-24ORDINANCE NO.06-24
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH,FLORIDA,AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH CODE OF ORDINANCES,APPENDIX A,
"DEFINITIONS,"BY UPDATING THE DEFINITION OF
"TREE TRUST FUND"TO INCLUDE A PROVISION FOR
USE OF IN-LIEU FUNDS TO OFFSET MAINTENANCE
COSTS FOR TREES AND PALMS;PROVIDING A
CONFLICTS CLAUSE,A SEVERABILITY CLAUSE,
AUTHORITY TO CODIFY,AND PROVIDING AN
EFFECTIVE DA TE.
WHEREAS,the Land Development Regulations ("LDR")of the City of Delray Beach
("City")Code of Ordinances provide authority for the City Commission to amend,change,
supplement,or repeal the LOR from time to time;and
WHEREAS,on December 12,2023,the City Commission directed staff to update the
definition of the "Tree Trust Fund"to include the ability to utilize said funds for maintenance of
trees and palms planted throughout the City using in-lieu funds;and
WHEREAS,the City Commission recognizes the importance of maintaining newly
planted trees to ensure their ability to survive and grow thereby adding to the City's tree canopy;
and
WHEREAS,pursuant to Florida Statutes 163.3174(4)(c),the Planning and Zoning Board
for the City of Delray Beach,sitting as the Local Planning Agency,reviewed the proposed text
amendment to the Land Development Regulations at a public hearing on January 22,2024 and
voted 4 to O to recommend that the proposed text amendments be approved,finding that the
request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set
forth in the Land Development Regulations.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH,FLORIDA,AS FOLLOWS:
Section 1.The recitations set forth above are incorporated herein.
Section 2.The City Commission of the City of Delray Beach finds this Ordinance is
consistent with the Comprehensive Plan.
Section 3.Appendix A."Definitions,"of the Land Development Regulations of the
City of Delray Beach,Florida,A is hereby amended as follows:
ORD.NO.06-24
TREE TRUST FUND.An account established by the City's Finance Department
into which in-lieu funds fees for the planting or replacement of trees or palms
owners and/or developers who are unable or unwilling to comply with the tree or
palm planting/replacement requirements of the City's Land Development
Regulations may deposit the in lieu funds.These funds shall be used are
deposited to off-set the City's costs for future trees and palms,and tree trimming.
and tree maintenance for parks and streetscapes.No more than 10%of the annual
balance may be used for tree trimming and maintenance.
Section 4.
repealed.
All ordinances or parts of ordinances in conflict herewith are hereby
Section 5.Should any section or provision of this ordinance or any portion thereof,
any paragraph,sentence,or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 6.
Ordinance.
Section 7.
Specific authority is hereby given to the City Clerk to codify this
This Ordinance shall become effective immediately upon its passage on
second and final reading .
....e PASSED/)ND AJ)OPTED in regular session on second and final reading on this thes+da of a4a6.2024.
ATTEST:
Shelly Petrolia,Mayor
First Reading c:i--+)._t~..,.../-;'1~0~.;J._.,,,...,..i--
second Reading3/3/a0a±
I I
ORD.NO.06-24