HomeMy WebLinkAboutDocumentation_Regular_Tab 8B_12/15/1988 0.`"e
cum) VILLAGE OF TEQUESTA
Thomas G. Bradford
Village Manager
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VILLAGE OF TEQUESTA
Post Office Box 3273 • 357 Tequesta Drive
• = , � _ Tequesta, Florida 33469-0273 •
. ��N�� (407) 575-6200
MEMORANDUM:
TO: Village Council
FROM: Thomas G. Bradford, Village Manager 7
DATE: December 12, 1988
SUBJECT: Tree Removal Permit Ordinance
Attached is a draft of the above-referenced for inclusion
with your agenda packets for the December 15th Village Council
meeting. This draft Ordinance is intended to generate thought
relative to tree removal activity. It is subject to change
depending upon your input.
TGB/mk
Encls.
cc: John C. Randolph, Village Attorney, w/attach.
;All Department Heads, w/attach.
uj1A � Gel ��
ORDINANCE NO.
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, PROVIDING
FOR AN AMENDMENT TO CHAPTER 13 OF THE CODE OF ORDINANCES
BY PROVIDING A NEW SECTION THERETO, PROVIDING THAT IT
SHALL BE UNLAWFUL FOR ANY PERSON TO REMOVE, DAMAGE OR
DESTROY FROM ANY VACANT LOT LOCATED WITHIN THE VILLAGE
-TREES S) PRIOR TO OBTAINING A PERMIT FROM THE �ILLAGE-- -�
COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR--- -
-CODIFI� TION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL of the Village of
Tequesta, Florida, as follows:
Section 1. Chapter 13 of the Code of Ordinances of the
Village of Tequesta is hereby amended by providing an
additional section thereto entitled Section 13-43 Permit
Required for Removal of Trees from Vacant Lots, to read as
follows:
Section 13-43. Permit Required for Removal of Trees
from Vacant Lots.
It shall ,be unlawful for any person to remove, damage
or destroy from any vacant lot located within the
Village of Tequesta any tree in excess of three inches
in diameter at a height of four and one half (4-1/2)
feet above the ground or having a multi-=stemmed trunk_
system with a definitely fo Qd_�rowprior to Cr'wn
- obtaining� a permit from the Village Counci . For the
Ai'' purposes of this section, a tree" is any self-
supporting woody plant together with its root system,
growing upon the earth usually with one (1) trunk of
at least three (3) inches in diameter at a height of
• four and one half (4-1/2) feet above the ground or a
multi-stemmed trunk system with a definitely formed
crown.
Section 2. Any person desiring a permit to remove a
tree, as required by this Ordinance, shall submit a written
application to the Building Official together with a filing
fee -of $10.00 for each tree proposed to be removed. The
application shall include the following information:
(a) Name and address of applicant and status of legal
entity.
(b) Status of applicant with respect to the land. . •
(c) Written consent of the owner of the land, if
applicant is not the owner.
(d) Name of person preparing any map, drawing or
diagram submitted with application.
(e) Location of the property, including a street number •
and address and lot number as shown on the official
addressor property map of .the Village of Tequesta. .
(f) Diagram of . the. parcel of land, specifically
• designating the area or areas of proposed tree
removal and the proposed use of such area.. .
(g) Location- of all proposed structures and driveways
on the site, if applicable _ _
(h) Location of all ' trees and identification of size
. and species.
(i) Designation of all diseased or damaged trees.
•
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(j ) Designation of any tree(s) endangering any roadway,
pavement or utility line.
(k) Any proposed grade changes that might adversely
affect or endanger any trees on the site and
specifications on how to maintain them.
(1) Designation of trees to be removed and trees to be
maintained.
(m) Purpose of tree removal (construction, street or
roadway, driveway, recreational area, patio,
parking lot, etc. )
(n) All materials to be planted with an indication of
size, species and methods of planting, if
applicable
Section 3. The Building Official may, in addition,
require the applicant to supply any of the following
documentation:
(a) A site plan specifying the methods to be used to
preserve all remaining trees and their root system
��y} and the means of providing water and nutrients to
n 00\r ,) their root system.
p3'‘
42 `
t ,�� (b) A topographical survey of the land if development
Cfn1e 5-� 1, or construction will result in change in elevation
l09 of more than five (5) feet or if the parcel of land
019 ` 5 n\" is more than one (1) acre in area.
,r 1 ed . Section 4. Upon receipt of the application, the Building
f ' .,(n4A , Official or his designee shall visit and inspect the site and
niNi• contiguous and adjoining lands. If he or she determines that
-0 the plan would destroy no more trees than are reasonably
necessary to achieve the proposed activity, the permit
skb�'� fw( application shall be recommended for approval to the Village
£ Council. If the Building Official determines that the plan
�' / would destroy more trees than are reasonably necessary to
b� achieve the proposal for said tree removal activity, the
application will be recommended for denial to the Village
Council.
Section 5. In determining whether or not a permit should
be granted, the Building Official and/or the Village Council
shall consider the following:
(a) The condition of the tree or trees with respect to
disease, insect attack, danger of falling,
proximity to existing or proposed structures and
•
interference with utility services.
(b) The necessity of removing the tree or trees in
order to construct proposed improvements to allow
reasonable economic use of the property.
(c) The effect of the removal on erosion, _ soil moisture
retention,. flow of surface waters and coordination
with the master drainage 'plan of the Village of
Tequesta.
• (d) The number and density of trees in the area and
the effect of tree removal on property values of •
the neighborhood and other existing vegetation.
(e) Whether any tree in question is a tree worthy of
preservation.
(f) Impact upon the urban and natural environment,
including:
Page 3 -
(1) Whether the tree removal would substantially alter the
water table or effect the stabilization of ground and
surface water.
(2) Whether tree removal would affect water quality and
aquifer recharge by reducing the natural assimilation
of nutrients, chemical pollutants, heavy metals and
other substances from ground and surface waters during
the movement of water towards an aquifer or natural
stream.
(3) Whether the tree removal would have an adverse impact
upon existing biological and ecological systems.
(4) Whether the tree removal would affect noise pollution
by increasing source noise level to such a degree that
a public nuisance may be anticipated or in violation
of the noise control ordinance will occur;
(5) Whether the tree removal will affect air movement by
significantly reducing the ability of existing
vegetation to reduce wind velocities.
(6) Whether the tree removal will affect air quality by
significantly affecting the natural cleansing of the
atmosphere by vegetation.
(7) Whether the tree removal will affect wildlife habitat
by significantly reducing the habitat available for
wildlife existence and the reproduction or causing
the emigration of wildlife from adjacent or associated
echo-systems.
(g) The ease with which the applicant can alter or
revise the proposed development, improvement or
activity to accommodate existing trees.
(h) The economic hardship that would be imposed upon
the applicant where the permit denied.
(i) The heightened desirability of preserving tree
cover in densely developed or densely populated
areas.
(j ) The need for visual screening in transitional zones
or a relief from glare, blight, . commercial or
industrial ugliness or any other visual affront.
(k) Whether the continued presence of the tree or trees
is likely to cause danger to a person or property.
(1) Whether the topography of the area in which the
tree is located is of such a nature to be damaging
or injurious to trees.
(m) Whether the removal of the tree(s) is for the
purpose of thinning a heavily wooded area where
some trees will remain.
Section 6. These provisions shall not apply to:
(a) The removal of trees on public lands or public
rights-of-ways conducted by or on behalf of a
Federal, State, County, Municipal or other
governmental agency in pursuance of its lawful
activities or functions.
Page 4 -
(b) The removal of diseased or dead trees.
(c) The removal of any tree which has become or
threatens to become a danger to human life or
property.
(d) The removal of any of the following plant
species:
(1) Melaleuca Quinquenervia (commonly known
as Melaleuca, Punk Tree or Paper Bark)
(2) Schinus Terebinthifolius (commonly known
as Brazilian Pepper or Florida Holly)
(3) Casuarina Species (commonly known as
Australian Pine) , ,
(4) O1l�e�l S�eceeS •4'hA4 imli6e Iden4'f / 5 Odaderti4 0 11wurt,
Section 7. As a condition to the recommendation for or
granting of a tree removal permit, the Building Official
and/or Village Council may require the applicant to relocate
or replace trees. The Building Official and/or Village
Council shall not recommend or require replacement trees in a
number greater than the number of trees worthy of preservation
11 removed pursuant to the desired permit.
�'>l ui\ .
tin Section 8. If the Building Official recommends denial of
C�U a tree removal permit to the Village Council, he or she shall
7 Jr setforth in writing the reasons for denial.
kd
i 1 11' Section 9. No permit required by this Ordinance shall be
° 1\ issued until the applicant has posted bond or cash escrow in
�I 'R PL 0an amount to be determined upon the recommendation of the
Building Official, conditioned upon satisfactory compliance
��\IIn\ ...AG with .the terms of the permit.
ales �, z Section 10. If any provision of this Ordinance or the
,�n b� application thereof is held invalid, such invalidity shall not
C, .=P �P ast)l affect the other provisions or applications of this Ordinance
_P j 5,( which can be given effect without the invalid provisions or
applications and to this end, the provisions of this Ordinance
�,>�~ i°s' are hereby declared severable.
� V his Section 11. This Ordinance shall be codified and made a
o, part of the Official Code of Ordinances of the Village of
Fj Tequesta.
•
Section 12. This Ordinance shall take effect immediately
upon its passage and approval, as provided by law.
•
THE FOREGOING ORDINANCE was offered by Councilmember
, who moved its adoption. The Ordinance was
seconded by , and upon being put to a
vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Page 5 -
The Mayor thereupon declared the Ordinance duly passed
and adopted this day of 1989.
MAYOR OF TEQUESTA
Ron T. Mackail
ATTEST:
Village Clerk
Nis
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PROHIBITED PLANT SPECIES
THE FOLLOWING PLANT SPECIES SHALL NOT BE PLANTED:
A. MELALEUCA QUINQUENERVIA (COMMONLY KNOWN
AS MELALEUCA, PUNK TREE OR PAPER BARK)
B. SCHINUS TEREBINTHIFOLIUS (COMMONLY KNOWN
AS BRAZILIAN PEPPER OR FLORIDA HOLLY)
C. CASUARINA SPECIES (COMMONLY KNOWN AS
AUSTRALIAN PINE)
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ERADICATION PROGRAM FOR PROHIBITED PLANT SPECIES.
EACH LANDSCAPE PLAN OR ALTERNATIVE LANDSCAPE BETTERMENT
PLAN REQUIRED OR PERMITTED TO BE SUBMITTED BY
THIS SECTION SHALL INCLUDE A PROGRAM TO ERADICATE
AND PREVENT THE REESTABLISHMENT OF PROHIBITED
PLANT SPECIES. THE ERADICATION PROGRAM SHALL
BE CONSISTENT WITH PARAGRAPH F. 16 (PROTECTION
OF PRESERVED TREES DURING CONSTRUCTION) ABOVE.
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