HomeMy WebLinkAboutDocumentation_Regular_Tab 11_02/08/2018 Ordinance Amended during
� 1129118 Workhop
� ����� � for second reading
' � �.'"
�� � � �s�To� �.A.
�
Keith W. Davis, Esq.
Florida Bar Board Certified Attorne�
City,Coi�nh�mid L,ocal Govenunent Law
Email:keithQdavisashtonlaw.com
December 5, 2017
MEMORANDUM
To: Mayor Brennan, Vice Mayor D'Ambra, Council Members Arena, Okun and
Paterno
Cc: Manager Couzzo, Clerk McWilliams
From: Attorney Davis
Re: Revisions to Chapter 50 regarding tree removal and designations
The following describes in detail the above referenced agenda item:
As a result of the "banyan tree incident" which we recently resolved, the attached
ordinance is offered for your consideration and action. This revises the Village's tree
removal process to require a survey with the permit application, as well as coordination
with the Village's arborist regarding replacement trees. This also updates notice
requirements for tree designations (historic or specimen).
There is no fiscal impact to the Village.
701 Northpoint Parkway, Suite 205, West Palm Beach, FL 33407 � p 561-586-7116 � f 561-586-9611
wzuw.dnvi sash ton law.com
♦LEADING EXPERTS IN LOCAL GOVERNMENT LAW AND ETHICS ♦
ORDINANCE NO. 03-18
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
CONJUNCTION 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 t�-r�de�elepe�
parcel of land located within the village any tree which is reauired qursuant to an aaproved
site qlan or landscaae plan: or which is reauired bv Villaae Code Chaater 78, Article IX,
Division 4. Landscaaina. �r1 �^�cc nf+hroo innho� in rli�mo�or�++ -+ ho�nh+ nf fr�i ir�+niJ nno
_ .,.,..... ..� �,��.�.� ���.��i v�w��a�aa�T
prior to obtaining a tree removal/reqlacement Ja��-�eue�e��permit from
the village es�-�s+l.
Sec. 50-234. - Application for permit.
Any person desiring a tree removal/realacement e+� permit as required by
this division shall submit a written application to the community development department.
The permit reauired bv this division is a no-fee aermit +,,,,o+ho� ,�,;+h � filinr� foo ,� �o+ h„
' . The application shall
2
include a descriation of the location of the tree(s) to be removed/realaced which cleariv
establishes the location of the tree on the aaplicant's aropertv, as well as additional
�����,;�„� information to delineate the extent of the clearing necessitated by the proposed
tree removal/reqlacement. if necessary , and information sqecifvina
replacement trees to be installed in qlace of the removed tree, if necessary ���;�
In the event that the communitv develoqment director or desianee is unable to make a
definitive determination that the subiect tree is on the aaplicant's aroqertv based on the
submitted application (e.q. a tree located on or near a propertv line or in or adiacent to a
riaht-of-wav). then the communitv development director or desianee mav reauire the
a plicant to arovide additional information to confirm the tree's location. which mav
include. but is not limited to a survev indicatinq the location of the treelsl to be
removed/reqlaced.
Sec. 50-235. - Issuance of permit.
The application for a tree removal/realacement l�n,� ,�o„o�^^mo^+ permit under this
division shall be reviewed by the communitv develoqment director as well as the Villaae's
arborist or landscaqe plannina consultant for comaliance with code reauirements, if anv
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 e�-de�eleped lots within previously approved subdivisions.
(3) The removal of �-#�e�—i� �������a�d ��.. P��;,a;� ^f�,��x��+ +h,+ +ho
�aa-e# any historic, specimen or native tree, which is �e subject to division 3
below.
3
(b) The tree removal/reqlacement ��^� ��„��^^m�^+ 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.
Section 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
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.
4
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 �er-� 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�+ser-�c 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+se� board, acting as the tree board, to be of high value because of its
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 ad�r+se�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:
(1) The communitv develoqment director shall notifv the owner of the land upon which the
tree is located, bvi certified mail that the qlanninq and zoninq board actinq as the tree
5
board will consider such desianation at its next reaularlv scheduled meetinq, such notice
beina mailed not less than 20 days qrior to the meetina date.
(2) The alannina 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
desianations which shall be forwarded to the villaae council for final action
(3 �) The communitv develoament director ' shall notify the owner of the
land upon which the tree is located, by certified mail that the village council will consider
the qlannin4 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 plannina and zonina board actina as the tree board's
recommendation, the reasons for designation, and any objections thereto; thereafter, it
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 bv 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 a�+se�} board acting as the tree board, whose recommendation
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
6
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
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.
Section 5: Should any section or provision of this Ordinance ar 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.
7