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HomeMy WebLinkAboutO-2003-040 Amending chapter 26 procedures for installation and removal of trees and other vegetation ORDINANCE NO. 2003-040 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO LANDSCAPING AND VEGETATION, AMENDING CHAPTER 26, "VEGETATION" OF THE CITY CODE OF ORDINANCES BY CLARIFYING AND MODIFYING REQUIREMENTS AND PROCEDURES FOR THE INSTALLATION AND REMOVAL OF TREES AND OTHER VEGETATION IN ORDER TO ENSURE COMPLIANCE WITH THE BROWARD COUNTY CODE OF ORDINANCES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 26, "Vegetation" of the City Code of Ordinances (the "Code") sets forth standards and procedures for the installation and removal of trees and other vegetation; and WHEREAS, Chapter 27 of the Broward County Code establishes additional standards and procedures governing the installation and removal of trees and other vegetation that pre-empt the City's requirements; and WHEREAS, the City Commission desires to clarify and modify the requirements and procedures for the installation and removal of trees and other vegetation in a manner that is consistent with the requirements set forth in the Broward County Code; and WHEREAS, the City's Planning and Zoning Advisory Board, sitting as the local planning agency, has reviewed this Ordinance and recommended its approval to the City Commission; and WHEREAS,the City Commission finds that this Ordinance is necessary for the preservation of the public health, safety and welfare of the City's residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 26, "Vegetation" of the City Code is hereby amended to read as follows: 1 ORDINANCE NO. 2003-040 Chapter 26 VEGETATION ARTICLE I. IN GENERAL Sec. 26-1. Trees, roots damaging public property--Notice to community development director. . Whenever and wherever there shall be any tree or trees growing upon any street, alley or right-of-way within the city in such way and manner that the roots of such tree or trees have, in the opinion of the Public Services Director destroyed or seriously damaged any sidewalk, curb, gutter, street pavement, waterline, sewer line, or other property, or if any such tree or trees shall be growing upon any property abutting upon such sidewalk, curb, gutter, street pavement, waterline or sewer line or other property in such way and manner as to cause destruction or damage of or to such facilities, it shall be the duty of any official or employee of the city having knowledge thereof to immediately notify the community development director or his designee of such damage and destruction to the property of the city. Sec. 26-2. Same--Removal on public property. Upon receiving notice of such damage or destruction as set forth in section 26-1 hereof and if such tree or trees shall be growing upon property of the city, the community development director or his designee shall determine if any root pruning, installation of a root barrier or any other code acceptable practice, including relocation can remedy the situation. If it is determined that these proposed actions required by the adjacent property owner can not remedy the situation. then the community development director or his designee shall immediately cause re uest such tree or trees to be removed ^r destr-e ye with a tree permit and replacement. If the tree or trees are growing in the swale area which abuts a residential or non-residential structure it shall be the responsibility of the fesidential adjacent property owner to remove such tree or trees at their expense and to replace such tree or trees with an approved tree or trees as directed by the community development director or his designee. A tree removal permit shall be issued prior to the removal of the tree or trees. The fesidential adjacent property owner shall also be responsible for the repair of any public property damaged by such tree or trees. Sec. 26-3. Same--Removal on private property. Upon receiving notice of any damage or destruction as set forth in section 26-1 hereof, and if such tree or trees shall be growing upon private property abutting such sidewalk, curb, gutter, street pavement, waterline, sewer line or other property and causing the damage or destruction thereof, the community development director, or his designee, shall determine if any root pruning, installation of a root barrier or any other code acceptable practice, including relocation can remedy the situation. If it is determined by the Publc Services Director that these proposed actions required by the property owner can not remedy the situation, then the community development director or designee upon eeiv ng sueh not shall immediately notify the owner of Added text is shown as underline. Deleted text is shown as stFike thFou Omitted text, which is not being amended by this ordinance, is indicated by 2 ORDINANCE NO. 2003-040 such property in writing to obtain a tree permit (with the required tree replacement) to cut down, destroy, or remove such tree or trees within ten (10)thirty 30 days from the date of receipt of such notice. In the event such owner shall fail to cut down, destroy or remove the tree or trees within ten (10) thirty 30) days, then the growth managemen community development director, or his designee shall cause such tree or trees to be cut down, removed and estimate replacement tree(s) value cw destroyed by the employees of the city and shall charge the cost thereof against the owner, and the amount of the cost to the city shall be a lien upon the property. ARTICLE II. TREE PRESERVATION Sec. 26-11. Short title. This article shall be known and may be cited as the Tree Preservation Ordinance of the City of Dania Beach. Sec. 26-12. Declaration of intent. The city commission of the City of Dania Beach (the "commission") finds and declares that preservation of trees is integral to the preservation of air and water pollution in that trees use their leaf surface to trap and filter out ash, dust and pollen in the air, thereby helping to alleviate air pollution: that the root systems of trees hold and consolidate soil and other loose earthen materials, thereby helping to prevent erosion, reduce non-point source water pollution and maintaining the continued vitality of natural habitats for propagation and protection of wildlife, birds, game, fish and other aquatic life; and that removal of trees causes increased surface runoff which contributes to water pollution. Owing to the many benefits provided to the community by trees, it is the intent of the commission, in order to protect the air and water of the city, to preserve this valuable natural resource of the city for the health, safety and welfare of the general public. While the destruction of a single tree may not have a significant environmental impact, the commission recognizes that tree destruction has a cumulative impact that causes severe environmental degradation and causes severe deterioration of the quality of life in Dania Beach and, because of this impact; the commission finds that tree destruction is a public nuisance that must be controlled. In the evaluation of a tree removal license, priority shall be given to preservation, relocation, replacement and payment into the tree preservation trust fund. Sec. 26-13. Tree removal license required. Cd) Stop work order. Whenever a person not in compliance with this article is doing any work, a Code Enforcement Officer may order that work be stopped and such persons performing such work shall immediately cease such work. The work may not resume until such time as the person is in compliance with this article. Added text is shown as underline. Deleted text is shown as strike thFG Hnh Omitted text, which is not being amended by this ordinance, is indicated by 3 ORDINANCE NO. 2003-040 See. 26-14. Definitions. (a) In interpreting the provisions of this article, if no definition is provided herein and the context permits, the latest editions of the following publication recognized as authoritative in the scientific field shall apply (1) "Tree Protection Manual for Builders and Developers" by the Florida Department of Agriculture, Division of forestry (2) American National Standard for Tree Care Operations "Tree, Shrub and Other Woody Plant Maintenance-Standard Practices" and Z-133.1 Pruning, Repairing Maintaining, and Removing Trees and Cutting Brush-Safety Requirements by the American National Standards Institute. (3) Richard Harris Arboriculture Integrated Management of Landscape Trees, Shrubs and Vines, Second Edition. (4) Gary W. Watson and E.B. Himelick, Principles and Practices of Planting Trees and Shrubs. (5) Florida Urban Forestry Council Selecting and Planting Trees for the South Florida Forest. • (6) Florida Power and Lights Plant the Right Tree in the Right Place Brochure. (7) Florida Department of Agriculture Division of Plant Industry, Grades and Standards for Nursery Plants. In addition to the definitions of the city zoning ordinances the following definitions shall apply: Mulch: An organic material (arsenic free) such as wood chips, pine straw or bark placed on the soil to reduce evaporation, prevent soil erosion, control weeds and enrich the soil. Owner-occupied: A dwelling in a habitable condition occupied by the owner of record as a the owner's primary residence and holding a valid Certificate of Occupancy. Specimen tree: Any hardwood and conifer tree which has a DBH of eighteen (18) inches or greater for- har-a,. oods and eeniror�, any palm tree (excluding royal and canary island date palms) which has a DBH of tit(20) eighteen (18) inches or greater f0f palms, and any royal palm tree canary island date palm or oak tree which has a DBH of • twelve (12) inches or greater, which is well shaped and in good health as verified by the city, provided, however, that the following trees are not specimen trees: Added text is shown as underline. Deleted text is shown ass . Omitted text, which is not being amended by this ordinance, is indicated by 4 ORDINANCE NO. 2003-040 (1) Non-native fruit trees (citrus species) that are cultivated or grown for the . specific purpose of producing edible fruit, not inElude- angel and aveeades. (2) Species of the genus Ficus exeept provided however, the following_trees are considered Specimen Trees: F. aurea (strangler fig), F. laevigata (short leaf fig), F. rubiginosa (rusty fig or rust leaf fig), F.jacquinifolia, and (3) Paurtois palm (Acoelorraphe wrightii) and the Phoenix palm (Phoenix reclinata which are less than fifteen(15) feet in height, and all other multi- trunk palms. Tree: Any living, self-supporting, dicotyledonous or monocotyledonous woody perennial plant which has a DBH of no less than two and one-half (2 1/2) inches and normally grows to an overall height of no less than ten (10) feet in southeast Florida. For the purpose of this chapter, the following are not considered to be trees: 04 r t ;t.., s t, (i) (1) Bischofia javanica--Bischofia, bishopwood.d M LaAcacia auriculaeformis--Earleaf acacia (4) LaAraucaria excelsia--Norfork Island pine • (�} (4) Brassia actinophylla--Schefflera Sec. 26-15. Other tree removal permits. (a) Any person who possesses on the effective date of this article a valid city tree removal permit issued under the City of Dania Beach Code of Ordinances will not be required to obtain a tree removal license under this section. Sec. 26-16. Exceptions. (g) Removal of any tree in owner-occupied residential properties of one (1) acre of less developed for detached single-family and duplex usage, except the following: (1) Removal or relocation of planted landscape trees prior to the issuance of a certificate of occupancy; of (2) Removal of historical, of special status, or specimen trees;: Removal of an abused tree, or . (4) Required replacement trees or site plan approved trees. Added text is shown as underline. Deleted text is shown as . Omitted text, which is not being amended by this ordinance, is indicated by 5 ORDINANCE NO. 2003-040 Sec. 26-18. Tree removal license. (a) As a condition precedent of any land clearing and/or site development where any tree removal or relocation is to be conducted, except as otherwise exempted under this article, a person may submit a sworn affidavit to the city stating that the property the person wishes to develop does not contain trees that are protected under this tree ordinance. The city may conduct a review or site inspection. (b) A tree may be removed only when an applicant has demonstrated to the city that the proposed and/or existing developments including residentially zoned properties cannot be located on the site without the removal of the tree, and that there is no practical way to avoid tree removal. In determining if the applicant may remove trees pursuant to a tree removal license the city shall consider at a minimum the following: (1) The applicant has made every reasonable effort, ears 'tent with the pla- of devel^,..m e , to incorporate existing trees and to minimize the number of trees removed; (2) The trees proposed to be removed are the minimum number necessary; and (3) The trees proposed to be removed are of poor quality and appearance, are . damaging existing improvements, are creating ongoing safety problems for existing development, or are growing in too close proximity to other trees to permit normal growth and development of affected trees consistent with good forestry practices. The applicant must relocate the trees to be removed. If relocation is not a viable solution, an applicant shall replace removed trees. If it is determined that an applicant cannot relocate nor replace removed trees, the applicant shall pay the appropriate fee into the tree preservation trust fund. Sec. 26-20. Tree replacement. (a) Replacement criteria. Trees that are removed and not relocated shall be replaced so that there is, at a minimum, no loss of tree canopy coverage upon maturity of the replacement trees. Performance bonds may be required to be posted. The following procedures shall be used to determine the tree replacement requirements: For tree replacement requirements of one (1) to five (5) trees, a minimum of one (1) species shall be utilized as a replacement tree. For six (6) to ten (10) . replacement trees required, a minimum of two (2) species shall be utilized. Added text is shown as underline. Deleted text is shown as . Omitted text, which is not being amended by this ordinance, is indicated by 6 ORDINANCE NO. 2003-040 For eleven 01) to twenty (20) replacement trees required, a minimum of three (3) species shall be utilized. For twenty one (21) to fifty (50) replacement trees required a minimum of four (4) species shall be utilized. For fifty one (5 1) or more replacement trees required a minimum of five (5) species shall be utilized. (4) For trees removed on all new or amended developments pursuant to Section 26-18(b)1-3 an additional fifty (50) percent tree replacement shall be required. (5) (3*A determination of the number of trees to be replaced shall be performed. This determination shall be based upon the area of impact and the category of replacement trees selected by the applicant. The canopy replacement at tree maturity shall at least equal the canopy removed. The following table shall be used to determine the number of required replacement trees: Equivalent Replacement Tree Category Replacement Canopy (see Appendix 1) Area in square feet Replacement Canopy Area in square feet Category 1 Tree 300 Category 2 Tree -59 150 Category 3 Tree 1100 Category 4 Tree 50 Sec. 26-21. General relocation/replacement conditions. (g) Relocated or replacement trees which may reach a height of thirty (30) feet shall not be placed within twenty (20) feet of an overhead utility line as outlined or in Selecting and Planting for the South Florida Urban Forest. Sec. 26-23. Payment in lieu of replacement/relocation. In those instances in which a tree when allowed by ^ tree removal license is required, any trees, which are removed and not relocated, shall be replaced in accordance • with the requirements of this article. As a condition of being granted permission to remove any trees, the developer, property owner or other applicant shall be required to Added text is shown as underline. Deleted text is shown as strike thrn,,,.h. Omitted text, which is not being amended by this ordinance, is indicated by " *." 7 ORDINANCE NO. 2003-040 replace such trees, unless it is demonstrated that replacement is not a viable alternative • due to a lack of available space. Where replacement cannot be accomplished the applicant shall pay a replacement fee in lieu of actual tree replacement costs into the City of Dania Beach Tree Preservation Trust Fund. The cost of replacement trees shall be based upon the current addition of the "Plant Finder" for the type of tree to be removed and multiplied by 2.7. Provided however, on owner occupied single family homes, tree replacement or tree removal fees shall not be required for trees that are dead, in danger of falling, or pose a dangerpossible or potential collapse. Sec. 26-24. Special status category trees. Projects containing special status category trees are subject to the following additional criteria: (2) Natural forest communities trees may be removed provided that the applicant adheres to the following preservation requirements to the extent determined to be practicable by the city and county: f. Conservation Easement. As a condition of an issuance of a license under this sub-category where preservation is required, a conservation easement shall be granted by the applicant to the city and the citizens of the city. The conservation easement shall: 4. Allow access to the conservation easement by agents of the City of Dania Beach and County to conduct studies, inspection, and other activities consistent with the purpose of the conservation easement, and 5. Need not provide for access by the general public. (3) Specimen trees. Projects or properties containing specimen tree(s) are subject to the following additional criteria: a. Prior to the issuance of a tree removal or relocation license, the city commission must review the application and approve it if any of the trees are in the following categories: Tree Size Live Oaks 12" DBH or over Laurel Oaks 12" DBH or over ® Royal Palms 12" DBH or over Added text is shown as underline. Deleted text is shown as strike thmug_h. Omitted text, which is not being amended by this ordinance, is indicated by 8 ORDINANCE NO. 2003-040 Canary Island Date Palm 12" DBH or over Hardwoods/Conifer 18" DBH or rg eater Palms, excluding Royal Palms and 18" DBH or greater Canary Island Date Palm b. Specimen trees are subject to the preservation and relocation criteria of this article. If it is determined by the city that tree relocation is not feasible, then payment shall be made into the tree preservation trust fund. Payment shall be based on the value of the tree(s), determined by "The Valuation of Landscape Trees, Specimen Shrubs, and Other Plants" published by the International Society of Arboriculture. Provided however, on owner occupied single family homes tree replacement or tree replacement fees shall not be required for trees that are dead, in danger of falling or pose a danger of possible or potential collapse. Sec. 26-26. Historical trees. (a) The state, county, the City of Dania Beach or any historical preservation society • recognized by the commission may request that the city designate a particular tree or group of trees within its jurisdiction as a historical tree. Also, any property owner may make a similar request providing the request is for a tree or group of trees located on property under his or her control or ownership. The request shall contain the exact location of the tree(s), the name and address of the current owner and effected utilities of the land upon which the tree is located, and the reasons for requesting the designation. Upon receipt of the request, the city shall immediately notify the affected landowner and affected utilities by certified mail of the request. The particular tree or group of trees, which is the subject of the request, shall not be removed until the designation request has been acted upon by the commission. (b) Consideration by the commission. A public hearing shall be scheduled within sixty (60) days of receipt of the request to consider the matter. When the person(s) requesting this designation is not the property owner, the property owner shall be notified of the request and the time, date, and place of the hearing. The commission shall only designate a tree or group of trees, which meets the following criteria. (1) The tree(s) must be related to an event in modern history, historic events or individuals since the birth of our nation, or any event in the known history of the human race; and • a. The tree or group of trees resides on historically significant Added text is shown as underline. Deleted text is shown as strike thFGWgJ4. Omitted text, which is not being amended by this ordinance, is indicated by " * * *." 9 ORDINANCE NO. 2003-040 property and can be linked to the person or event of historical significance, or b. The tree or group of trees is uniquely related to the heritage of the City of Dania Beach, or Sec. 26-28. Tree preservation trust fund. (a) Establishment of trust. There is hereby created the Dania Beach Tree Preservation Trust Fund (the "trust") for the purposes of accepting and disbursing the replacement fees paid to the commission as part of tree removal licenses and any other monies deposited with the city for tree preservation purposes. This fund shall solely be used for the planting of trees in the city and any other ancillary costs associated with planting of trees. Ancillary costs shall not exceed twenty (20)percent of the cost of the particular tree-planting project. (d) Trust administration: (1) Trust funds shall be expended, utilized and disbursed only for the purposes • designated by the city. (2) All monies deposited hereunder shall be deposited in the trust, which shall be a separate account established and maintained apart from the general revenue fund and account of the City of Dania Beach. ARTICLE III. TREE ABUSE Sec. 26-32. Trimming and pruning operations--Persons to be qualified. No person, firm, company or corporation shall cause or cause to have trimming or pruning of any tree done within the city by any person, firm, company or corporation who is not registered or licensed a member- in good standing with the "National Arborist Association", City of Dania Beach and Broward County. Sec. 26-33. Same--Exceptions. (a) Owner occupied S single-family or duplex lot owners may prune or trim any tree on their property that is less than six (6) inches CDBH after first obtaining the American National Standard for Tree Care Operations "Tree, Shrub and Other Woody Plant Maintenance--Standard Practices" by the American National • Standards Institute, from the Growth Management Department. Added text is shown as underline. Deleted text is shown as strike thFGUg_h. Omitted text, which is not being amended by this ordinance, is indicated by 10 ORDINANCE NO. 2003-040 Sec. 26-34. Registration required. (a) All persons, firms, companies or corporations must register with the growth management department prior to undertaking any pruning or trimming of trees within the City of Dania Beach, with the exception of those listed in section 26-33 of this article. See. 26-35. Definitions. (a) In interpreting the provisions of this article, if no definition is provided herein and the context permits, the latest editions of the following publication recognized as authoritative in the scientific field shall apply: (1)"Tree Protection Manual for Builders and Developers" by the Florida Department of Agriculture, Division of forestry; and (2) American National Standard for Tree Care Operations "Tree, Shrub and Other Woody Plant Maintenance--Standard Practices" by the Ameriean Nati ^' nerds-institute and Z-133.1 Pruning, Repairing, Maintaining, and • Removing Trees and Cutting Brush-Safety Requirements by the American National Standards Institute. (3) Richard Harris, Arboriculture Integrated Management of Landscape Trees Shrubs and Vines, Second Edition. (4) Gary W. Watson and E.B. Himelick, Principles and Practices of Plantingtrees rees and Shrubs. (5) Florida Urban Forester Council, Selecting and Planting Trees for the South Florida Forest. (6) Florida Power and Lights, Plant the Right Tree in the Right Place Brochure. (7) Florida Department of Agriculture Division of Plant Industry, Grades and Standards for Nursery Plants. (b) As used in this article, the following words and terms shall be defined as set forth herein: Hatrack.• To flat eut the- of^ tree, to sever the leader or leaders, or to prune a tree by stubbing of mature wood, Horizontal plane: An imaginary line that begins at the base of the live frond Added text is shown as underline. Deleted text is shown as stFike thmwg#. Omitted text, which is not being amended by this ordinance, is indicated by " * * *." 11 ORDINANCE NO. 2003-040 petioles. • Nuisance species: A tree species set forth under section 26-14. Over lift: The removal of the majority of the inner lateral branches and foliage thereby displacing weight and mass to the ends of the branches. The alteration of the tree's live crown ratio will be considered as evidence of over lifting. Owner-occupied: A dwelling in a habitable condition occupied by the owner of record, as the owner's primary residence, and holding_a valid Certificate of Occupancy. Prune or trim: To cut away, remove, cut off or cut back parts of a tree. Shape: The regular and frequent shearing of outer tree branches, making pruning cuts of '/2 inch diameter or less, for the purpose of controlling the size and shape of the tree canopy. Shearing,: The cutting of many small diameter stems of %2 inch in diameter or less. Tree abuse: "Tree abuse" shall mean: (7) Pruning that does not conform to the American National Standards Institute (ANSI A-300) or recommendations, as amended (8) The removal of diseased or dead portions of a tree, the removal of interfering, obstructing, or weak branches, the removal of interior branches pursuant to ANSI A-300 Standards in order to decrease wind resistance, or the complete removal of a tree pursuant to a valid tree removal license shall not constitute tree abuse under this article. (9) Removing palm fronds other than dead, declining or objectionable due to interference with a building or utility. Palm pruning shall be performed when fronds, fruit, or loose petioles may create a dangerous condition. Pruning of live palm fronds, which initiate above the horizontal plane as defined in the Definition section of the code. By the Amer- ^^" '` atie ^' Standards rds institute (ANSI A 300) Fronds removed shall be severed close �s to the petiole base without damaging living trunk tissue. Palm peeling (shaving) shall consist of the removal of the dead frond bases only, at the point they make contact with the trunk without damaging living trunk tissue. (10) Over lifting a tree, or (11) Shaping a tree. Topiary: The practice of pruning a tree into an ornamental shape by removal pruning of branches no longer than half(1/2) ene-(1) inch in diameter. Added text is shown as underline. Deleted text is shown as 6tFike threug-h. Omitted text, which is not being amended by this ordinance, is indicated by 12 ORDINANCE NO. 2003-040 Sec. 26-36. Legislative findings. In addition to those legislative findings relating to the importance of trees to the public set forth under section 26-12 of the City of Dania Beach Code of Ordinances the commissioners of the city find that regulations of the cutting, trimming and pruning of trees within the city will help ensure that the health, function and value of trees are protected, and will help to prevent dangerous branching conditions that may result in damage or injury to citizens or property. Sec. 26-37. Prohibition of tree abuse; exemptions; variances. (a) No person shall abuse a tree located within the city unless one of the following exemptions applies: (1) The tree is one of the tree species listed in section 26-14 and the abuse does not result in a tree that threatens public safety or adjacent property. (2) The abuse is necessary to alleviate a dangerous condition posing an imminent threat to the public or property provided that the threat cannot be remedied by pruning that is not defined as tree abuse. (3) County, city or franchised utilities, water control districts, and their authorized agents, may obtain a registration form from the city, renewable on an annual basis, authorizing the pruning of trees in a manner that may be defined herein as tree abuse provided such pruning is inspected and approved by the City neeessar-y to prevent ongoing interruptions, or to prevent interference with the operation of water control structures. Sec. 26-38. Remedial actions required. (a) Whenever a person not in compliance with this article is doing any work, a Code Enforcement Officer may order that work be stopped and such persons performing such work shall immediately cease such work. The work may not resume until such time as the person is in compliance with this article. {a)t!2�In the event a person abuses a tree in violation of this article, the violator shall be responsible to undertake pruning and other remedial actions that the enforcement agency determines are reasonably necessary to protect public safety and property, and to help the tree survive the tree abuse damage if the tree is not a nuisance species. (b)Lc If the natural habit of growth of the tree is destroyed, the violator shall install a replacement tree. Such abused tree shall be removed if it threatens public safety or property. (e)(M Each replacement tree shall be a species found on the list in Appendix 1. Replacement trees shall be Florida No. 1 quality or better. The diameter of the replacement tree shall be equal to or greater than the diameter of the abused tree. • More than one (1) tree may be utilized for replacement if the aggregated sum of Added text is shown as underline. Deleted text is shown as strike thFe gh. Omitted text, which is not being amended by this ordinance, is indicated by 13 ORDINANCE NO. 2003-040 the diameters of the replacement trees is equal to or greater than the diameter of • the abused tree. Each replacement tree shall have a largest diameter commercially available in Dade, Broward and Palm Beach counties for the tree species selected, provided that no replacement tree shall have a diameter of less than three (3) inches. Diameter measurements shall be made at four and one-half (4 1/2) feet above the ground. (4)Le) Replacement trees shall be installed onsite. In the event the site cannot accommodate all required replacement trees, the remaining replacement trees shall be installed on public lands if approved by the enforcement agency. If no suitable public lands are located the violator shall pay a fee into the tree preservation trust fund account. For each abused tree, the fee shall be determined by multiplying the remaining percentage of the aggregate diameters of the replacement tree that cannot be replaced onsite by the removal fee established pursuant to the applicable tree preservation regulations. (e)(ff)Remedial actions and replacement required under this section shall be completed within sixty(60) days of notice from the enforcement agency that such actions are required. The enforcement agency may require the violator to immediately undertake remedial actions in the event the abused tree is an immediate threat to the public or property. rf) NE) tree r-enieval p fn t shall be Y rod under- the City of Dania Beaeh rode f Section 2. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict. Section 3. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4. That this ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on November 12, 2003. PASSED AND ADOPTED on second reading on November 25, 2003. B X14TONY MAYOR—COMMISSIONER Added text is shown as underline. Deleted text is shown as strike th., ug-14. Omitted text, which is not being amended by this ordinance, is indicated by 14 ORDINANCE NO. 2003-040 ATTE T: ROLL CALL: . COMMISSIONER CHUNN - YES COMMISSIONER FLURY - YES dTARLENE JOH SON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR MCELYEA - YES MAYOR ANTOW YES APPROVED AS TO FOR AND CORRECTNESS: BY: THO AS . AftMo CITY ATTORNEY Added text is shown as underline. Deleted text is shown as stFike thFe6+g#. Omitted text, which is not being amended by this ordinance, is indicated by 15 ORDINANCE NO. 2003-040 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. • 1. DATE OF COMMISSION MEETING: NOVEMBER 25,2003 2. DESCRIPTION OF AGENDA ITEM: TEXT AMENDMENT—LANDSCAPING TO MATCH COUNTY 3. COMMISSION ACTION BEING REQUESTED: CONSENT AGENDA - ADOPT ORDINANCE —2ND READING E 4. SUMMARY EXPLANATION & BACKGROUND: TEXT AMENDMENT AMENDING CHAPTER 26, VEGETATION 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Ordinance Staff report Highlighted Ordinance 6. FOR PURCHASING REQUESTS ONLY: DEPT: AMOUNT: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds, AICP, Director Date November 18, 2003 Community Development Department City Manager Date CITY OF DANIA BEACH • DEPARTMENT OF COMMUNITY DEVELOPMENT DATE: November 25, 2003 TO: Ivan Pato, City Manager c.,�. _ VIA: aurence ee s, AICP, Director SUBJECT: Text Amendments to City Tree Preservation Ordinance (SECOND READING) The Broward County Commission amended the County Tree Preservation Ordinance earlier this year. The County Ordinance mandates each city to revise its municipal tree ordinance to be at least as stringent as the county code. The Dania Beach Tree Preservation Ordinance is already generally more restrictive than the county code, particularly in terms of oak tree preservation. Nevertheless, certain housekeeping revisions are necessary to keep up with county code changes. These changes are indicated in the • attachment as underlined and str-ikethr-e language. Changes indicated by h have been included by city staff for clarification purposes or are in response (see below) to a city commission concern. The major change is new language which waives the tree replacement requirement for specimen trees (large oaks, large palms, etc) that are dead, in danger of falling, or pose a danger or possible or potential collapse. This exemption would only apply to owner-occupied single family homes. While the county code contains this exemption, the current city tree code does not. Again, the city code can always be more restrictive. RECOMMENDATION The decision to exempt owner-occupied single family homes from tree replacement for dead, dying, or hazardous specimen trees is a policy question to be determined by a consensus of the City Commission. Approving the ordinance "as is" will allow this exemption. On all other revisions, including highlighted language, staff recommends approval. If city approval is delayed past late November, the city could end up enforcing a county code that is actually less restrictive with respective to oak tree preservation. Please note that because the tree protection . ordinance is not part of the land development or zoning code, it is not subject to the review of the Planning and Zoning Advisory Board.