HomeMy WebLinkAboutDocumentation_Local Planning Agency_Tab 01_12/19/2019Agenda Item #1.
Local Planning Agency
STAFF MEMO
Meeting: Local Planning Agency - Dec 19 2019
Staff Contact: Nilsa Zacarias, Director of Department: Community Development
Community Development
ORDINANCE NO. 30-19- AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 50. NATURAL RESOURCE PROTECTION OF THE
CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTA AT ARTICLE VII. TREES. DIVISION 2.
TREE REMOVAL. SEC. 50-236. EXEMPTIONS, AND AMENDING CHAPTER 78. ZONING OF THE
CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTA AT ARTICLE IX. SUPPLEMENTAL
REGULATIONS. DIVISION 4. LANDSCAPING. SEC. 78.399. MAINTENANCE. TO CONFORM
VILLAGE CODE REGARDING THE REGULATION OF TREE REMOVAL OR REPLACEMENT, AS
WELL AS TREE TRIMMING, WITH RECENT STATE LAW PREEMPTIONS-, PROVIDING THAT
EACH AND EVERY OTHER SECTION AND SUB -SECTION OF CHAPTER 50. NATURAL
RESOURCE PROTECTION. AND CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND
EFFECT AS PREVIOUSLY ADOPTED-, PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE AND AUTHORITY TO CODIFY-, PROVIDING AN EFFECTIVE DATE-, AND FOR OTHER
PURPOSES.
SUMMARY:
NO. 30-19:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA,
AMENDING CHAPTER 50. NATURAL RESOURCE PROTECTION OF THE CODE OF ORDINANCES
OF THE VILLAGE OF TEQUESTA AT ARTICLE VII. TREES. DIVISION 2. TREE REMOVAL. SEC. 50-
236. EXEMPTIONS,AND AMENDING CHAPTER 78. ZONING OF THE CODE OF ORDINANCES OF
THE VILLAGE OF TEQUESTA AT ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 4.
LANDSCAPING. SEC. 78.399. MAINTENANCE. TO CONFORM VILLAGE CODE REGARDING THE
REGULATION OF TREE REMOVAL OR REPLACEMENT, AS WELL AS TREE TRIMMING, WITH
RECENT STATE LAW PREEMPTIONS; PROVIDING THAT EACH AND EVERY OTHER SECTION
AND SUB -SECTION OF CHAPTER 50. NATURAL RESOURCE PROTECTION. AND CHAPTER 78.
ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING
A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Private Property Rights -Tree Trimming and Regulation (003)
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Agenda Item #1.
ORDINANCE NO. 30-19
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 50. NATURAL RESOURCE
PROTECTION OF THE CODE OF ORDINANCES OF THE VILLAGE OF
TEQUESTA AT ARTICLE VIL TREES. DIVISION 2. TREE REMOVAL. SEC.
50-236. EXEMPTIONS, AND AMENDING CHAPTER 78. ZONING OF THE
CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTA AT ARTICLE
IX. SUPPLEMENTAL REGULATIONS. DIVISION 4. LANDSCAPING. SEC.
78.399. MAINTENANCE. TO CONFORM VILLAGE CODE REGARDING
THE REGULATION OF TREE REMOVAL OR REPLACEMENT, AS WELL
AS TREE TRIMMING, WITH RECENT STATE LAW PREEMPTIONS;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-
SECTION OF CHAPTER 50. NATURAL RESOURCE PROTECTION. AND
CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT
AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Florida Legislature recently adopted HB 1159, which became effective
on July 1, 2019, and which provides for an exemption to local government regulation of tree
trimming, pruning, and removal on residential properties under certain circumstances; and
WHEREAS, the Village Council desires to amend Chapter 50. Natural Resource
Protection and Chapter 78. Zoning of the Village's Code of Ordinances in order to be consistent
with HB 1159; and
WHEREAS, the Village of Tequesta has held all required public hearings and has
provided public notice in accordance with applicable State statutes and Village ordinances; and
WHEREAS, the Village Council of the Village of Tequesta has determined that the
proposed revisions to Chapter 50 and 78 of the Village Code of Ordinances are in the best
interests of the general welfare of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section l: Chapter 50. Natural Resource Protection of the Code of Ordinances of the
Village of Tequesta, Florida, is hereby amended at Article VII. Trees. Division 2. Tree Removal.
at Sec. 50-236. Exemptions. in order to add language recognizing state law preemption to local
government regulation of tree removal or replacement under certain circumstances; providing
that Sec. 50-236 shall hereafter read as follows:
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Agenda Item #1.
Sec. 50-236. - Exemptions.
(a) This division shall not apply to:
(1) The removal of trees on public lands or public rights -of -way conducted by or on behalf
of a federal, state, county, municipal, or other governmental agency in pursuance of its
lawful activities or functions.
(2) The clearing of vacant lots within previously approved subdivisions.
(3) The removal of any historic, specimen or native tree, which is subject to division 3
below.
(4) The residential property owner that obtains the required documentation from an arborist
certified by the International Society of Arboriculture or a Florida licensed landscabe
architect confirming that the tree presents a danger to persons or property prior to the tree
being pruned, trimmed or removed.
(b) The tree removal/replacement permit requirement shall not be construed to prohibit the
removal or elimination of excessive accumulations of untended growth of weeds,
undergrowth, or other dead or living plant life as may be required, or to prohibit compliance
with general landscaping maintenance in accordance with the requirements of section 78-
399 of the village's landscaping code. Furthermore_ the Village may not require a property
owner to replant a tree that was pruned, trimmed, or removed in accordance with section 50-
236
Section 2: Chapter 78. Zoning of the Code of Ordinance of the Village of Tequesta,
Florida, is hereby amended at Article IX. Supplemental Regulations. Division 4. Landscaping. at
Sec. 78-399. Maintenance. in order to add language recognizing state law preemption to local
government regulation of tree pruning under certain circumstances; providing that Sec. 78-399
shall hereafter read as follows.
Sec. 78-399. - Maintenance.
(a) Generally.
(1) The owner, occupant, and tenant and the respective agent of each, if any, shall be
jointly and severally responsible for all landscaping and irrigation equipment, including
that located in the unpaved portion of the public right-of-way between the paved portion
of the public right-of-way and the boundary of the owner's property. Landscaping shall
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Agenda Item #1.
be maintained in a good condition, so as to present a healthy, neat and orderly
appearance at least equal to the original installation, and shall be kept free from refuse
and debris. Any dead vegetation and landscaping material shall be promptly replaced
with healthy, living plantings. Vegetation proximally located to electric utility lines
shall also be maintained pursuant to section 74-2.
(2) Landscape maintenance for hire shall be performed in accordance with
recommendation in the Florida -Friendly Best Management Practices for Protection of
Water Resources by the Green Industries. Landscape maintenance by homeowners
should be performed in accordance with recommendations of the University of Florida
Cooperative Extension Service and Florida Yards and Neighborhoods publications.
(3) A regular irrigation maintenance schedule shall be included, but not be limited to,
checking, adjusting, and repairing irrigation equipment; and resetting the automatic
controller according to the season yearly.
(4) Pruning of trees shall be permitted to allow for healthy growth, and to promote safety
considerations. Trees which cause a conflict with views, signage or lighting shall not be
pruned more than the maximum allowed. The village manager, community
development director or building official may suspend the provisions of this section in
case of a natural disaster. The removal of any tree shall be pursuant to the applicable
provisions of article VII of chapter 50.
a. A maximum of one-fourth of tree canopy may be removed from a tree within a
one-year period, provided that the removal conforms to the standards of crown
reduction, crown cleaning, crown thinning, crown raising, vista pruning, and crown
restoration pruning techniques. All pruning shall comply with the American
National Standards Institute, ANSI 300 (Tree, Shrub and other Woody Plant
Maintenance), as amended.
b. If other than the mature height and spread is desired for any required tree, the size
and shape shall be indicated on an approved landscape plan. Shaping of a tree shall
be permitted if the tree is to be used as an accent, focal point or as part of an overall
landscape design. A maintenance commitment shall be clearly outlined on the
approved landscape plan to explain the care and upkeep of a shaped tree.
c. Hatracking (tree topping), as defined in this division, is strictly prohibited.
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Agenda Item #1.
d. The following shall be exempt from the requirements of the above tree pruning
regulations; however, removal of any such tree shall be pursuant to the applicable
provisions of article VII of chapter 50:
i. Trees affected by FAA and airport safety regulations.
ii. Trees which interfere with safe site triangles, utility lines, or utility structures.
Electric utilities shall prune trees in proximity to overhead power lines
pursuant to section 74-2.
iii. Trees having crown dieback or decay greater than one-third the tree canopy.
iv. Trees having suffered damage due to natural or accidental causes.
v. Trees having insect or disease damage greater than one-third of the tree crown.
vi. Trees in botanical gardens, or botanical research centers.
vii. Trees which the residential property owner obtains documentation from an
arborist certified by the International Society of Arboriculture or a Florida licensed
landscape architect confirming that the tree presents a danger to persons or property
prior to the tree being pruned or removed.
(b)-(d) [Shall remain the same as previously enacted.]
Section 3. Each and every other section and subsection of Chapters 50 and 78 shall
remain in full force and effect as previously adopted.
Section 4. All ordinances or parts of ordinances in conflict with this ordinance are
repealed.
Section 5. If any section or provision of this ordinance, any paragraph, sentence or
word is declared invalid by a court of competent jurisdiction, the decision shall not affect the
validity of the remainder of this ordinance.
Section 6. Specific authority is hereby given to codify this ordinance into the Code of
Ordinances of the Village of Tequesta, Florida.
Section 7. This ordinance will take effect immediately upon adoption.
FIRST READING this day of , 2019.
SECOND AND FINAL READING this day of , 2019.
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