HomeMy WebLinkAboutDocumentation_Workshop_Tab 01_01/29/2018 �� DAvls
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' AsHTON, �A.
Keith W. Davis, Esq.
Florida Hnr Bonrd Certified Attorney
City,Cuwity mrd Lornl Goveniment Lnw
Email:keithCQ?davisashtonlaw.com
January 16, 2018
MEMORANDUM
To: Mayor Brennan, Vice Mayor D'Ambra, Council Members Arena, Okun and
Paterno
Cc: Manager Couzzo, Clerk McWilliams
Fr: Attorney Davis
Re: Revisions to Chapter 50 regarding tree removal and designations
The following describes in detail the above referenced agenda item:
Following Council discussion at First Reading of the ordinance proposing revisions to
the Village's tree removal code, and per Council direction to workshop this item prior to
second reading, I have provided for your convenience the draft ordinance as well as the
original permit, sketch and survey that precipitated this item in the first place.
Based on the discussion at the Council meeting, some suggestions for revision to the
draft ordinance would be:
1. to require surveys only when the proposed tree is in a side yard or a front yard,
or within 10 feet (for example) of a property line;
2. to limit the permit process to trees of a certain size and location, e.g. trees larger
than 12 inches in diameter, or taller than 25 feet; and not located in the back yard
of a single family residence (for example).
No matter where we land, we do want to be sure that when any tree is removed, a
comparable replacement is provided, especially when there is an approved site plan
that requires certain trees.
Additional input from Community Development may be beneficial as well.
701 Northpoint Parkway, Suite 205, West Palm Beach, FL 33407 � p 561-586-7116 � f 561-586-9611
www.davisash ton law.com
♦LEADING EXPERTS IN LOCAL GOVERNMENT LAW AND ETFIICS ♦
ORDINANCE NO. 01-18
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING ITS CODE OF ORDINANCES AT
CHAPTER 50.NATURAL RESOURCE PROTECTION;ARTICLE VII.TREES;
DIVISION 2. TREE REMOVAL. BY AMENDING THIS DIVISION TO
REQUIRE SURVEYS AND OTHER NECESSARY INFORMATION IN
CONJi1NCTION WITH A TREE REMOVAL PERMIT APPLICATION;
PROVIDING EXCEPTIONS; FURTHER AMENDING DIVISION 3.
PRESERVATION OF HISTORIC AND SPECIMEN TREES AND NATIVE
SPECIES. BY UPDATING THE DESIGNATION AND NOTICE PROVISIONS
FOR THESE ACTIVITIES; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUBSECTION OF CHAPTER 50. NATURAL RESOURCE
PROTECTION. 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 Village of Tequesta desires to updates its tree removal codes to require
surveys and other information for tree removal permits; and
WHEREAS, the Village of Tequesta desires to updates its tree designation codes by
updating the notice provisions for these activities; and
WHEREAS, the Village Council believes the code amendments contained in this
ordinance will be in the best interests of the citizens of the Village of Tequesta.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 50. Natural Resource Protection. of the Code of Ordinances of the
Village of Tequesta is hereby amended at Article VII. Trees. Division 2. Tree removal, by
amending this division to require surveys and other necessary information in conjunction with a
tree removal permit application; providing exceptions; providing that Article VII. Trees. Division
2. Tree removal shall hereafter read as follows:
1
Chapter 50 — Natural Resource Protection
ARTICLE VII. -TREES
DIVISION 2. -TREE REMOVAL
Sec. 50-231. - Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Tree means any self-supporting woody plant, together with its root system, growing upon
the earth, usually with one trunk of at least three inches in diameter at a height of four
and one-half feet above the ground or a multi-stemmed trunk system with a definitely
formed crown.
Sec. 50-232. -Violations; enforcement.
Violations of this division may be brought before the code enforcement special magistrate
pursuant to chapter 2, article IV. Violations of this division are presumed to be irreparable
and irreversible.
Sec. 50-233. - Permit required.
It shall be unlawful for any person to remove, damage, or destroy from any ��^�'�oped
parcel of land located within the village any tree in excess of three inches in diameter at
a height of four and one-half feet above the ground or having a multi-stemmed trunk
system with a definitely formed crown prior to obtaining a tree removal '�^�' �'����'^^^��^*
permit from the village se�si�.
Sec. 50-234. - Application fo� permit.
Any person desiring a tree removal �e�e�e� permit as required by this division
shall submit a written application to the community development department together with
a filing fee as set by resolution of the village council and on file in the village clerk's office.
The application shall include a sianed and sealed survev prepared bv a arofessional
survevor. indicatina the location of the tree(s) to be removed. as well as additional
s�#isie�� information to delineate the extent of the clearing necessitated by the proposed
2
tree removal �-de�els�r�er�, information s�ecifvina reolacement trees to be installed
in �lace of the removed tree. if necessarv. and as,--wel�as sufficient information to
document the appropriate fee for the tree removal e� permit.
Sec. 50-235. - Issuance of permit.
The application for a tree removal �elepr�e� permit under this division shall be
reviewed by the Director of Communitv Development as well as the Villaae's arborist or
landscaqe planninp consultant for compliance with code repuirements. if anv. for
minimum reauired trees on the nro�ertv in auestion '
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 eFdeueleped lots within previously approved subdivisions.
(3) Reserved. ,
,
�elevw
(b) The tree removal �elepr�e� 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.
Secs. 50-237-50-260. - Reserved.
Sectioa 2: Chapter 50. Natural Resource Protection. of the Code of Ordinances of the
Village of Tequesta is hereby amended at Article VII. Trees. Division 3. Preservation of historic
and specimen trees and native species, by amending this division to by updating the designation
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and notice provisions for these activities; providing that Article VII. Trees. Division 3.
Preservation of historic and specimen trees and native species shall hereafter read as follows:
Chapter 50 — Natural Resource Protection
ARTICLE VII. -TREES
DIVISION 3. - PRESERVATION OF HISTORIC AND SPECIMEN TREES AND NATIVE
SPECIES
Sec. 50-261. - Purpose and intent.
The purpose of this division is to establish general procedures for designation and criteria
for designation of historic and specimen trees and native species within the village. The
goals of this division are to:
(1) Preserve historically significant trees within the village limits;
(2) Preserve trees within the village perceived as landmarks;
(3) Protect duly designated historic and/or specimen trees from potential adverse effects;
and
(4) Protect native trees or scrub trees providing habitat for endangered Florida species
and/or endangered Florida trees.
Sec. 50-262. - Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Historic tree means a tree that has been determined in the judgment of the planning and
zoning a�wser� board, acting as the tree board, to be of notable public interest because
of its historic association or landmark status, and has been so designated by action of the
village council.
Native tree and endangered state tree mean a tree that has been determined in the
judgment of the planning and zoning a�ise� board, acting as the tree board, to be
essential for the preservation of native habitat or considered an endangered state tree.
Specimen tree means a tree that has been determined in the judgment of the planning
and zoning adv�iser� board, acting as the tree board, to be of high value because of its
4
type, size, age or other professional criteria, and has been so designated by action of the
village council.
Sec. 50-263. - Criteria for designation.
In making a designation under this division the village council shall consider the following
criteria:
(1)A recommendation made by the planning and zoning adwseq board acting as the tree
board.
(2) The significance of the tree as a village landmark.
(3) The significance of the tree due to high value because of its size, age and/or historic
value.
(4) The significance of the tree in the preservation of native state habitat or a tree
determined to be endangered.
Sec. 50-264. - Procedure for designation.
The designation of certain trees as historic, specimen, native or endangered shall require
the following procedures by the village council:
11 The communitv develo�ment director shall notifv the owner of the land u�on which the
tree is located. bvi certified mail that the �lannina and zoninq board actina as the tree
board will consider such desianation at its next reaularlv scheduled meetina. such notice
beina mailed not less than 20 days prior to the meetina date.
2) The olannina and zonina board actina as the tree board will hear the reasons for
desianation. and anv obiections thereto: thereafter. it will make its recommendation for
desi nations which shall be forwarded to the villaae council for final action.
(3 �) The communitv develo�ment director u�"�^� m������ shall notify the owner of the
land upon which the tree is located, by certified mail that the village council will consider
the �lannina and zonina board actina as the tree board's recommendation for such
designation at its next regularly scheduled meeting, such notice being mailed not less
than 20 days prior to the meeting date.
(4�)The village council will hear the alannina and zonina board actina as the tree board's
recommendation, the reasons for designation, and any objections thereto; thereafter, it
5
will make its designations, which will be promulgated as part of the official records of the
village. In addition, the village shall prepare and record in the public records of the county
an official document reflecting the designation of the historic, specimen, native or
endangered tree, which document shall be recorded against the land upon which the tree
is located.
(5 �) Within 14 days after the designation of historic, specimen, native or endangered
trees b the villaae council, the village manager shall notify the owner of the land upon
which the tree is located, who shall be furnished with a copy of the official action, by
certified or registered mail, at the last known address of the owner of the property
involved.
Sec. 50-265. - Removing, damaging or trimming trees without permission.
(a) Prohibited acts. No person shall, directly or indirectly, cut down, remove or move, or
effectively destroy through damage, any historic, specimen, native or endangered trees
except after written permission duly obtained by application to and after a hearing before
the planning and zoning�+se�board acting as the tree board, whose �ecommendation
will be forwarded with the application for review by the village council. In addition, no
person shall trim any historic, specimen, native or endangered tree without first receiving
written permission of the village manager. Additionally, any person found guilty of a
violation of this subsection shall be required to replace the tree that has been damaged,
removed or materially altered in character through illegal trimming with, to the extent
possible, a tree of like size and kind. Failure to replace the tree may result in a daily fine
for each day the violation occurs.
(b) Exceptions. If any historic, specimen, native or endangered tree designated as such
shall become dangerous to the public health, welfare or safety, and should require
removal without delay in the interest of public safety, the village manager may authorize
the removal thereof and shall promptly report his actions to the village council. If it is
determined by the village manager that any historic, specimen, native or endangered tree
is in need of trimming or pruning and a determination is made by the village manager that
the trimming or pruning will not have an adverse effect on the life or health of the tree, the
6
village manager may authorize the trimming or pruning of the tree and report his actions
in that regard.
(c) Enforcement. The failure to comply with the provisions of this division shall cause the
violation to be considered by the code enforcement officer and such violation may be
brought before the code enforcement special magistrate pursuant to chapter 2, article IV.
Violations of this division are presumed to be irreparable and irreversible. Nothing in this
section shall preclude the village seeking relief by civil action through mandatory
injunctive relief or other relief available through the court.
Section 3: Each and every other Section and Subsection of Chapter 50. Natural
Resource Protection. shall remain in full force and effect as previously adopted.
Section 4: All ordinances or parts of ordinances in conflict be and the same are hereby
repealed.
Sectioa 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: Specific authority is hereby granted to codify this Ordinance.
Section 7: This Ordinance shall take effect immediately upon passage.
FIRST READING this day of January, 2018.
SECOND AND FINAL READING this day of February, 2018.
7
61&'�J17� Vew File
VII.LAGE_OF TEQUESTA
BUII..DING DEPARTMENT
345 Tequesta Dr.
Tequest�Florida 33469-0273
(561)768-0450 FAX(561)768-0698
Landscape Permit
PROJECT ADDRESS:40 RIVER DRIVE F1LE#:17-000492
Block and Lot:000 4430 PERNIIT#•L17-000004
Type of Work:Residential Landscape ISSUE DATE•06/08/2017
EXPII2ATION DATE:12/08/2017
Cosr PARCEL#:60�2-40-26-01-000�430
Permit Total:50.00
Amount Paid:50.00
. SUBDIVLSION:TEQUESTA LT 443
' Description of Work:REMOVE ONE BANYAN TREE AND REPLACE WIT'H LIVE OAK
Contractor: GREEN INTEGRTTY'S INC Property Owner:SZOROSY GARY J&SZOROSY JOAN A
`���� Address:
149 NW 41 ST WAY 40 RNER DR
DEERFIELD BEACH FL 3344 J[Jp���,33469 1930
Telephone:954-253-7044 Telep6one•
F1NAL INSPECTIONS ARE REQUIRED ON ALL PERMITS.ALL INSPECTIONS MUST BE CALLED IN BY 4:00 P.M.THE PRECEDING DAY$100
REINSPECTION FEE CHARGED FOR ALL FAILED INSPECTIONS.
NOTICE:IN ADDITION TO i'HE REQUIREMENTS OF THIS PERMIT,THERE MAY BE ADDITIONAL RESTRICiIONS APPLICABLE TO THIS
PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY SUCH AS THE REQUIREMENT FOR HOME OR PROPERTY
OWNERS ASSOCIATION APPROVAL
REQUIRED INSPECTIONS
Final Tnspection Reqaired
� WARNING TO OR'NER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR
i PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING,
, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF
� COMMENCEMENT.
' PLEASE SEE REVERSE SIDE
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LOT 442 ���
LEGEND PLAT OF TEQUESTA Z� o LOT 567
• FOUND 5/8' IRON ROD (PLAT BOOK 25, PAGE 7) ��� �I (
� SET 5/8' IRON ROD/CAP 'LB 8130' D 'ro 30' ' 30'
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WPP WOOD POWER POLE m ^� �, i �
CPP CONC. POWER POLE LOT 443 `" P�O�
� CENTERLINE � , �
P.C. POINT OF CURVATURE IMPROVEMENTS ,, ��
P.R.C. POINT OP REVERSE CURVATURE NOT SHOWN ; �
COV. COVERED Q9�� SET LATH ON
CONC. CONCRETE �\;�9� RIGHT-OF-WAY LINE---. � �'�,, �
CHB CHORD BEARING �� 9�,�S;O� �TYP� .O . .� ;
CHD CHORD DISTANCE � 'Q'ss+, `�B. � ', � ,;
R RADIUS
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CONC. �
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�a � BANYAN TREE BASE �
� � LOCATED ON 7/11/17 �
LEGAL DESCRIPTION \ \
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A PORTION OF LOT 443 AND THE ADJACENT RIGHT-OF-WAY � � � �
OF RIVER DRIVE AND GOLF VIEW DRIVE AS RECORDED IN � I ,
PLAT BOOK 25 PAGE 7 OF PALM BEACH COUNTY, FLORIDA. ��� �_� ��
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ASPHALT
VILLAGE OF TEQUESTA GOTl3 ��, '
I HEREBY CEHTIFY TO EACH OF THE ABOVE THAT A SURVEY OF THE PROPERTY DESCRIBED
HEREON WAS MADE UNDER MY SUPERVISION AND THAT THE SURVEY CONFORMS TO THE
STANDARDS OF PRACTICE FOR PROFESSIONAL SUflVEYOR AND MAPPERS AS OUTLINED
IN CHAPTER 5J-17, F.A.C., PURSUANT TO CHAPTER 472.027 OF THE FLORIDA STATUTES.
�r�i�� DRAWING REVISIONS:
JULY 11�YO17 �"^!'����+'^� (INTEH-OFFICE USE ONLYJ_____
DATE OF FIELD SURVEY GREGORY T. TUCKER TYPE OF SURVEY: SPECIFIC PURPOSE L e g a cy SCALE: 1' = 20'
LEGACY SURVEYING & AIAPPING, INC. ——— --
TREE LOCATION DRAWN BY: R,M.
FLORIDA LAND SURVEYOR N0. 6147 PROJECT: TEOUESTA
ELEVATION DATUM: N/A Survcyingandnfapping,lnc DAILEYt N%A
THIS SURVEY IS NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL FLOOD ZONE: N/A ��:�.u.a.N.un..rwo , DRAWING No.: 17•104
na�..c..n.ao.eo —___.._._. ._...--
OR DIGITAL SIGNATURE. BASIS OF BEARING:WEST R/W OF GOLF VIEW DR. "^�^• ise,i a.e.e�e.
9VSINE38 LICExBE:LBI 8130 �os No.: 17-104
7l11/2017 Tequesta,FL Code of Ordinances
Sec. 78-397. - Prohibited plant species.
(a) The following plant species shall not be planted in the village:
(1) Melaleuca quinquenervia (commonly known as Punk Tree, Cajeput or Paper Bark).
(2) Schinus terebinthifolius(commonly known as Brazilian Pepper or Florida Holly).
(3) Casuarina species (commonly known as Australian Pine).
(4) Acacia auriculiformis (commonly known as Earleaf Acacia).
(5) Albizia lebbeck(commonly known as Woman's Tongue).
(6) Ardisia solonacea (commonly known as Shoebutton Ardisia).
(7) Colubrina asiatica (commonly known as Leather Leafl.
(8) Dioscorea bulbifera (commonly known as Air Potato).
(9) Fiscus altissima (commonly known as Lofty Fig).
(10) Fiscus bengalensis(commonly known as Banyan).
(11) Hibiscus tiliaceus (commonly known as Mahoe).
(12) �asminum dichotomum (commonly known as�asmine).
(13) Lygodium microphyllum (commonly known as Small-Leaved Climbing Fern).
(14) Mimosa pigra (commonly known as Cat's Claw).
(15) Rhodomyrtus tomentosus (commonly known as Downy Rose Myrtle).
(16) Bischofia javanica (commonly known as Bischofia).
(17) Cupaniopsis anacardioides(commonly known as Carrotwood).
(18) Schefflera actinophylla (commonly known as Schefflera).
(b) Any parcel of land upon which a structure has been heretofore erected and which received a certificate
of occupancy prior to the date of adoption of the ordinance from which this section is derived and
contains the prohibited landscaping provided in subsections (a)(1)through (3) of this section shall have
the prohibited landscaping removed and replaced with living landscaping pursuant to the provisions of
this division within five years of the date of enactment. Any parcel of land upon which a structure has
been heretofore erected and received a certificate of occupancy prior to the date upon which the
amendment to this section was adopted and contains the prohibited landscaping in subsections (a)(4)
through (18) of this section shall have the prohibited landscaping removed and replaced with approved
landscaping pursuant to the provisions of this division within four years of the date of enactment of
such amendment. The removal of prohibited landscaping as provided in this section shall not apply to
the prohibited landscaping existing on single-family lots or duplex lots lying within R-1, R-1A or R-2
districts, except as required by the specific requirements contained in section 78-402, or to any or to
lots located within the R/OP district.
(Ord. No. 39-13, § 1, 2-13-14)
https://library.municode.com/fl/tequesta/codes/code_of_ordinances?nodeld=PTIICOOR_CH78Z0_ARTIXSURE_DIV4LA 1/1
YREE PRUIdNING/RELOCATION/REiViOVAI. fOROFF/CEUSEONLY
PEiiMIT APPLICATION FOFtM
VILLAGE OF TEQUESTA Accepted By:�_Application Date:�
345 TEQUESTA DR.,TEQUESTA,FL 33469 Application#: �����
(561)768-��t�(�5�1���A98
KIND of PERMIT(CHECK ONE): MAY 9 — 2�17 PROPERTY OWNER:`j�,� �5�� S��-��
o PRUNNING-UMB REMOV�I,���p��� ADDRESS: �)b (�U����U� UNIT:
❑TREE RELOCATION CITY: 1��)�1� STATE: ^�_ZIP:33 6�i
e�TREE REMOVAL&REPLACEMENT ,�G�
❑MANDATED REMOVAL OF PROHIBITED SPECIES PHONE:S�I �� �1� FAX:
❑STUMP GRINDING-REMOVAL EMAIL:
+� 4
JOB LOCATION: `�A•M'�
❑ PINE ❑OAK o PALM
❑ CYPRESS ❑ HICKORY ❑GUM PCN: __-_______________
o OTHER: �`�f�h� DIAMETER(inches): (c��, ADDRESS:
(�(-� L��Tg CITY:
s
WORK DESCRIPTION: 1 r �� D�K �� �� � . �,.-�-�>`
¢
DBA(COMPANY NAME): �i� �1����� Contact Person: ��C�"������lu"'"
ADDRE55: l� �� U � STE: CIN: �� �1� STATE: -L�ZIP:�Z-
PHONE: ��'I FAX: EMAIL: 1A������ ��SI�
Application is hereby made to obtain a permit to do the work and installations as indicated.I certify that no work has
commence pnor o e issuance o a perm� an a a wor wi e pe orme o mee e s an ar s o a aws m �s
jurisdiction.I understand that all debris must be removed from site upon campletion of work.
Village of Tequesta.
SIGNATURE: ��- � DATE: �S
PRINTED NAME: 1IV�1.-�
OFFICE USE ONLY BELOW TH/S LINE
ol&2 FAMILY ❑CONDOMINIUM o TOWNHOUSE ❑MULT-FAMILY o COMMERCIAL
❑INDUSTRIAL ❑OTHER:
DESIGNATION:
❑NATIVE SPECIES ❑SPECIMEN ❑ENDANGERED - oPROHIBITED SPECIES ❑OTHER
TRAFFIC CONTROL REQUIRED: ❑YES o N�
❑QUALIFIED PERSONNEL o VILLAGE POLICE(@$45.00 PER/HR)
NOTES:
APPROVED BY: DATE: PERMIT NUMBER:
(PERMIT OFFICER)
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MEMORANDUM
TO: Niisa Zacarias, AICP
Lance Lilly
Department of Community Development
Village of Tequesta
FROM: Stephen J. Parker, ASLA
DATE: June 2, 2017
RE: 40 River Drive
I have reviewed the Tree Removal and Replacement Application dated 5l9/17 for the Szorosy
residence, 40 River Drive, and approve the proposed work.
Please contact me with any questions.
Sin rely,
. ��yl �
Step n Pa e , ASLA
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