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Home My WebLink AboutO-2001-002 ORDINANCE NO. 2001-002 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 26, VEGETATION, OF THE CITY'S CODE OF ORDINANCES TO PROVIDE A NEW STANDARD FOR TREE PRUNING BY AMENDING ARTICLE II, TREE PRESERVATION, ARTICLE III, TREE ABUSE, AND ARTICLE IV, LANDSCAPING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach has adopted Chapter 26 in its Code of Ordinances regarding Vegetation, Articles II, III and IV regulating Tree Preservation, Tree Abuse and Landscaping within the City, and WHEREAS, the current standards for tree pruning adopted in these articles are from the National Arborist Association and National Arborist Society; and WHEREAS, the City desires to adopt a new set of standards for tree pruning, the ANSI A-300 of the American National Standards Institute; and WHEREAS, the City Commission finds that this change of standards advances the public health, safety and welfare. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing whereas clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. That Article II, Tree Preservation, of Chapter 26, Vegetation, of the City's Code of Ordinances is amended as follows: Section 26-16. Exceptions. (h)(1)c. The threat of service interruption cannot be corrected by tree pruning in accordance with nn i g in aGGGFdanGe with the standards lister! in "ArhnriGUIti ire SeGnnd Edition"" h" Ri kharrl W. u the American National Standards Institute (ANSI A-300) as ;r amended; or GAORDINANCES 2000-2001\0-CHAPTER 26 VEGETATION.DOC 1 12/4/00 ORDINANCE NO.2001-002 0)(3) The traffic safety hazard caused by the tree(s) cannot be remedied by pruning in accordance with National Arborist AsGGGiatien standards or palm pruning in arc-rc-nsirdawn.Ge with the standards listed in "ArberiGUIture SeGend Edution" by riGhard ` . Ha;r;j&-, the American National Standards Institute (ANSI A-3001 as amended. Section 26-19. Tree relocation. (b)(8) All crown pruning shall be done in accordance with National Arber'st AsSOGiation standards er palm ' . - . n-r--n-,rd-;;nr.-tz with the standards listed i�`rhoriG1 11t1 iro Seaono�di ' n" by RiGhard W.._Harris, the American National Standards Institute (ANSI A-300) as amended. Section 26-27. Protection from construction work. (6) Pruning of trees to be preserved shall be in accordance with the standards for pruning established by the National orhnrist Occcniati�Gr `^v-v. Harris, American National Standards Institute (ANSI A-300) as amended; Section 3. That Article III, Tree Abuse, of Chapter 26, Vegetation, of the City's Code of Ordinances is amended as follows: Section 26-33. Same - Exceptions. (a) 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 "Standards for Pruning Shade TFees" manual published by As6GGiatieR, 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. • G:\ORDINANCES 2000-2001\0-CHAPTER 26 VEGETATION.DOC 2 12/4/00 ORDINANCE NO.2001-002 (d) The trimming of any tree by a franchised utility, water management district, municipal or county government so long as it is done to the American National Standards Institute (ANSI A-300) standards. Section 26-35. Definitions.(a)(2) "Sta�tRdards for Pruning Shade Trees" byZ.he National Arb riivt AsSOGiatiGR.American National Standard for Tree Care Operations — "Tree, Shrub and Other Woody Plant Maintenance — Standard Practices" by the American National Standards Institute. (b) As used in this article, the following words and terms shall be defined as set forth herein: Tree abuse: "Tree abuse" shall mean: • (6) The use of climbing spikes, nails or hooks, except for purposes of total tree removal or as specifically permitted by Stanch s; the American National Standards Institute (ANSI A-300); or (7) Pruning that does not conform to Sys the American National Standards Institute (ANSI A-300). (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 by the American National Standards Institute (ANSI A-300). Fronds removed shall be severed close 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. Section 4. That Article IV, Landscaping, of Chapter 26, Vegetation, of the • City's Code of Ordinances is amended as follows: G:\ORDINANCES 2000-2001\0-CHAPTER 26 VEGETATION.DOC 3 12/4/00 ORDINANCE NO.2001-002 • Section 26-53. Plant Material and Installation Requirements. 0)(3) All pruning shall be accomplished in accordance with the most current publication of the American National Standards Institute (ANSI — 300). Section 5. That except as amended above, all other provisions of the Comprehensive Plan of the City of Dania Beach, Florida, shall remain in full force and effect. Section 6. 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 7. That this ordinance shall be in force and take effect immediately upon passage and adoption. PASSED on first reading on December 12, 2000. PASSED AND ADOPTED on second reading on January 9, 2001. APPROVED: 4412 MAYO -CO SSIONER ATTEST: ROLL CALL: MAYOR McELYEA-YES VICE-MAYOR BERTINO-YES COMMISSIONER ETLING-YES SHERYL CHAPM N COMMISSIONER CALI-YES ACTING CITY CLERK COMMISSIONER MIKES-YES APPROVED AS TO FORM AND CORRECTNESS: THOMA J. ANSBRO CITY ATTORNEY G:\ORDINANCES 2000-2001\0-CHAPTER 26 VEGETATION.DOC 4 12/4/00 ORDINANCE NO.2001-002 AGENDA REQUEST FORM CITY OF DANIA BEACH dot AGENDA ITEM NO. ' 1. DATE OF COMMISSION MEETING: JANUARY 9, 2001 2. DESCRIPTION OF AGENDA ITEM: 2ND READING ORDINANCE-PUBLIC HEARING COUNTY RECERTIFICATION OF TREE PROTECTION ORDINANCE 3. Commission action being requested: Adopt Ordinance 4. SUMMARY EXPLANATION & BACKGROUND: Ordinance passed on 1g`Reading December 12, 2000 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): STAFF MEMORANDUM ORDINANCE 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Staff Submitted by: Laurence G. Leeds,AICP, Director Date 01/02/2001 Growth Management Department City Manager Date Y ® CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Michael Smith, City Manager FROM: Laurence Leeds, AICP, Director Growth Management Department RE: County Recertification of Municipal Tree Protection Ordinance DATE: January 9, 2001 (Second Reading) Last year, Broward County adopted several amendments to the Broward County Tree Preservation Code. Pursuant to the amended county code, each municipality is required to amend its "local" tree preservation ordinance to be at least as stringent as the county code. Failure to amend the local tree ordinance would divest the City of any authority to enforce its own tree code, transferring said authority to Broward County. City staff has prepared amendments to the Dania Beach Vegetation Ordinance • necessary to accommodate the County's tree code amendments. Most of the changes simply reflect the County's use of a newer technical standard (American National Standards Institute — "ANSI") for tree trimming and pruning. The city amendments include this standard. In order to maintain the City's autonomy with regard to enforcement of the City Vegetation Code, this ordinance needs to be adopted on first reading on December 12, 2000, and on second reading on January 9, 2001. STAFF RECOMMENDATION Approval. TREE ORDINANCE MEMO01901.doe.. &�t7_ Cj' / 0 .4• t o °r FLORIDA February 27, 2001 Mr. Eric Meyers, Director Biological Resources Division DPEP 218 SW 1 st Avenue Fort Lauderdale, FL 33301 RE: County Recertification of Dania Beach Tree Protection Program Dear Mr. Meyers: Attached is a certified copy of amendments to the City Vegetation Ordinance. Please contact me if you have any questions. Sincerely, Laurence G. Leeds, AICP, Director Growth Management Department Direct Dial: 924-3640 Cc: Michael Smith, City Manager (w/o attachment) ✓Charlene Johnson, Deputy City Clerk (w/o attachment) "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.fl.us