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I O R D I N A N C E N O . 9 1 / 1 9
A N O R D I N A N C E O F T H E T O W N C O M M I S S I O N O F T H E
A �� T O W N O F G U L F S T R E A M , P A L M B E A C H C O U N T Y ,
��\ F L O R I D A , P R O V I D I N G F O R T H E P R E S E R V A T I O N O F
T R E E S W I T H I N T H E T O W N ; P R O V I D I N G D E F I N I T I O N S ;
P R O V I D I N G F O R P E R M I T S ; P R O V I D I N G A P P L I C A T I O N
P R O C E D U R E S ; P R O V I D I N G F O R T H E I S S U A N C E O F
P E R M I T S A N D R E Q U I R E M E N T S T H E R E F O R E ; P R O V I D I N G
O T H E R R E G U L A T I O N S ; P R O V I D I N G F O R P E N A L T I E S ;
v ��0 P R O V I D I N G F O R S E V E R A B I L I T Y ; P R O V I D I N G F O R
R E P E A L O F O R D I N A N C E S I N C O N F L I C T ; P R O V I D I N G
F O R C O D I F I C A T I O N ; P R O V I D I N G A N E F F E C T I V E D A T E .
\ B E I T O R D A I N E D B Y T H E T O W N C O M M I S S I O N O F T H E T O W N O F G U L F
S T R E A M , P A L M B E A C H C O U N T Y , F L O R I D A , A S F O L L O W S :
S e c t i o n 1 . S h o r t T i t l e .
T h i s C h a p t e r s h a l l b e k n o w n a n d m a y b e c i t e d a s t h e " T o w n T r e e
P r e s e r v a t i o n O r d i n a n c e . "
S e c t i o n 2 . P u r p o s e s .
T h e p u r p o s e s o f t h i s c h a p t e r a r e t o e s t a b l i s h r u l e s a n d
r e g u l a t i o n s g o v e r n i n g t h e p r o t e c t i o n o f t r e e s a n d v e g e t a t i v e c o v e r
w i t h i n t h e l i m i t s o f t h e T o w n o f G u l f S t r e a m , t o e n c o u r a g e t h e
p r o l i f e r a t i o n o f t r e e s a n d v e g e t a t i o n w i t h i n t h e T o w n a s w e l l a s
t h e i r r e p l a c e m e n t , i n r e c o g n i t i o n o f t h e i r i m p o r t a n c e a n d t h e i r
m e a n i n g f u l c o n t r i b u t i o n s t o a h e a l t h y , b e a u t i f u l a n d s a f e r
c o m m u n i t y a t t r i b u t a b l e t o t h e i r c a r b o n d i o x i d e a b s o r p t i o n , o x y g e n
p r o d u c t i o n , d u s t f i l t r a t i o n , w i n d a n d n o i s e r e d u c t i o n , s o i l e r o s i o n
p r e v e n t i o n , b e a c h e r o s i o n p r o t e c t i o n , w i l d l i f e h a b i t a t , s u r f a c e
d r a i n a g e i m p r o v e m e n t , b e a u t i f i c a t i o n a n d a e s t h e t i c e n h a n c e m e n t o f
i m p r o v e d a n d v a c a n t l a n d s , a n d t h e g e n e r a l p r o m o t i o n o f t h e h e a l t h ,
s a f e t y , w e l f a r e a n d w e l l - b e i n g o f t h e c o m m u n i t y .
S e c t i o n 3 . D e f i n i t i o n s .
( a ) B u i l d a b l e a r e a : T h a t p o r t i o n o f a b u i l d i n g s i t e
e x c l u s i v e o f t h e r e q u i r e d y a r d a r e a s o n w h i c h a s t r u c t u r e o r
b u i l d i n g i m p r o v e m e n t s m a y b e e r e c t e d , a n d i n c l u d i n g t h e a c t u a l
s t r u c t u r e , d r i v e w a y , p a r k i n g l o t , p o o l , d e c k i n g , s i d e w a l k s a n d
o t h e r c o n s t r u c t i o n a s s h o w n o n t h e s i t e p l a n .
( b ) D r i p l i n e : A v e r t i c a l l i n e r u n t h r o u g h t h e o u t e r m o s t
p o r t i o n o f t h e c r o w n o f a t r e e a n d e x t e n d i n g t o t h e g r o u n d ,
p r o v i d e d , h o w e v e r , t h a t t h e s a m e s h a l l n o t b e l e s s t h a n a t e n ( 1 0 )
F I
foot diameter circle which is drawn from the center of the trunk of
a tree.
(c) Historic tree: A tree which has been found by the Town,
by and through its designated official(s), to be of notable
historic interest because of its age, type, size or historic
association and has been so designated as part of the official
records of the Town.
(d) Mangrove tree: Any plant belonging to any of the
following species of mangroves: Rhizophora mangle, the red
mangrove; Laguncularia racemosa, the white mangrove; and Avicennia
nitida, the black mangrove.
(e) Person: Any corporation, partnership, association or
other artificial entity; or any individual; or any agent or
employee of the foregoing.
(f) Removal: Any intentional or negligent act which will
cause a tree to decline and die within a period of three (3) years,
including but not limited to such damage inflicted upon the root
system of a tree by the operation of heavy machinery; the change of
the natural grade above the root system of a tree or around the
trunk of a tree; and damages from injury or from fire inflicted on
trees which results in or permits infections or pest infestations.
(g) Shrub: A bushy, woody plant, usually with several
permanent stems, and usually not over ten (10) feet high at its
maturity.
(h) Specimen tree: A tree which has been determined by the
Town, by and through its designated official(s), to be of high
value because of its type, size, or other professional criteria,
and which has been so designated as part of the official records of
the Town.
(i) Tree: Any self-supporting woody perennial plant which
has a trunk diameter of four (4) inches or more when measured at a
point four and one-half (4-1/2) feet above ground level and which
normally attains an overall height of at least ten (10) feet at
maturity, usually with one (1) main stem or trunk and many
branches. It may appear to have several stems or trunks as in
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several varieties of oak. The term includes any mangrove tree four
(4) feet or more in height.
(j) Yard area: The front, side and rear yard areas as
required under the comprehensive zoning code and the zoning
district requirements applicable thereto.
Section 4. Application.
The terms and provisions of this chapter shall apply to real
property as follows:
(1) All real property upon which any designated specimen or
historic tree is located.
(2) All vacant and undeveloped property.
(3) All property that is redeveloped.
(4) The yard areas of all developed property, excluding
developed and owner -occupied single-family or two family
residential property upon which no designated specimen or
historic tree is located.
Section 5. Permit required.
(1) Tree permits. No person, directly or indirectly, shall
cut down, destroy, remove or move, or effectively destroy through
damaging, any tree, specimen tree or historic tree, mangrove tree
or natural beach dune vegetation situated on property described
above without first obtaining a tree permit.
(2) Land -clearing, removing or filling permits. No person,
directly or indirectly, shall engage in land -clearing, land -
removing or land -filling activities in the Town, or use, operate,
propel or maintain in use any bulldozer, pay loader, front end
loader, back hoe, drag line, power shovel, road grader, dump truck,
dredge, sand pumping machine, pump line, fill spreader or other
heavy duty land -clearing, land -removing or land -filling equipment
without first obtaining a permit therefor from the Town.
Section 6. Application for permit.
Permits required by Section 5 shall be obtained by making
application for the permit to the Town's Building Department. The
application shall include a written statement specifying the
location of the property and the expected land use and indicating
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the reasons for removal, relocation or replacement of trees
thereon. Said application shall be accompanied by two (2) copies
of a legible site plan drawn to a minimum scale of one (1) inch
equals twenty (20) feet unless, in the discretion of the building
official it has been determined that a lesser detailed scale site
plan of the area involved, either in whole or in part, will be
sufficient for the purposes of this chapter, in which case an
appropriate substitution shall be acceptable. Aerial photographs
having a minimum scale of one (1) inch equals fifty (50) feet may
be submitted at the discretion of the building official as an
acceptable substitute for a site plan if adequate site plan
information is supplied on the aerial photographs.
Section 7. site plan information.
Site plans submitted in connection with applications for
permits required by Section 5 shall include the following
information, which shall be summarized in legend form on the plan:
(1) Location of all existing or proposed structures,
improvements and site uses, properly dimensioned and
referenced to property lines, setback and yard
requirements and spatial relationships.
(2) Existing and proposed site elevations, grades and major
contours.
(3)
Location of existing or
proposed
utility
services.
(4)
The common or botanical
names, sizes
and
location of all
trees and shrubs on the site, designating the trees,
shrubs or natural vegetative cover which are respectively
to be retained, removed, relocated or replaced. Groups
of trees in close proximity may be designated as "clumps"
of trees with the predominate type, estimated number, and
average diameter noted.
Section 8. Alternate site plan information.
In the event that there are no trees, shrubs or vegetative
cover located on the site to be developed which are required to be
protected under the provisions of this chapter, the applicant shall
so state in his application for permit hereunder. If such
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statement is substantiated by a field inspection of the site by the
building official, the applicant shall be relieved of the necessity
of supplying unnecessary or unimportant information. However, if
no trees are to be removed and there are existing trees to remain
on site, a tree survey will be required on a site plan.
Section 9. Preapplication inspection service.
In connection with applications under the alternate site plan
procedure and in connection with applications involving large
tracts of property, the building official shall make his services
available for preapplication inspections of the sites involved.
Section 10. Application processing and review.
Upon receipt of a proper application pursuant to this chapter,
the building official shall promptly review the application and
shall forward the application to the Town Architectural Review and
Planning Board, or other governmental agencies as may be necessary
or required in order to determine whether any adverse effects will
be incurred as to the general welfare of the public, adjacent
properties or public services and facilities. Following an on-site
inspection by the building official and comments from the Town
Architectural Review and Planning Board, or other governmental
agencies, the permit application will be approved, disapproved,
approved with conditions, or deemed not required in accordance with
the provisions of this chapter based on the work or operation
described in the application.
Section 11. Issuance of permits.
If the Town Architecutral Review and Planning Board, based
upon the recommendations and findings of the building official, is
satisfied that the work of removing, relocating or replacing trees,
shrubs or natural vegetative cover, described in the application
for permit and the drawings filed therewith, conform to the
requirements of this chapter and the other laws and ordinances
applicable, the approved permit will be issued to the applicant.
Payment of all applicable permit fees is required at the time the
permit is issued.
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Section 12. Requirements for issuance of permits for
removal.
(1) No tree permit shall be issued allowing the removal of
trees unless one of the following conditions exists:
(a) The tree is located in the buildable area or yard area
where a structure or improvements are to be placed and it
unreasonably restricts the permitted use of the property;
and
1. The tree cannot reasonably be relocated elsewhere
on the property; and
2. The tree cannot be relocated on or off the site
because of the age, type or size of the tree.
(b) The tree is diseased, injured, in danger of falling, too
close to existing or proposed structures, interferes with
existing utility service, creates unsafe vision
clearance, or conflicts with other ordinances or
regulations as determined by the building official.
(c) It is in the welfare of the general public that the tree
be removed for a reason other than set forth above.
(2) No tree permit for removal shall be issued unless the
building permit for the structure or improvements on the site has
been issued or is issued simultaneously with the tree permit.
(3) No land clearing, removing or filling permit shall be
issued unless the shrubs or ground cover are of an undesirable
nature and have no environmental or aesthetic value as determined
by the building official.
Section 13. Requirements for issuance of permits for
relocation or replacement.
Pursuant to an application for a tree permit, the applicant
may be required, where practical, to relocate a tree being removed
to an appropriate new location on the site. The decision to
require the relocation of a tree shall be made by the building
official in accordance with accepted forestry practices after
evaluating the species, size, quality and number of trees.
Similarly, an applicant may be required to replace a tree being
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removed with another tree to be located elsewhere on the site. All
replacement trees shall be of a type that will attain an overall
height at maturity of at least fifteen (15) feet and a trunk
diameter at maturity of at least three (3) inches, measured four
and one (4-1/2) feet above grade, and shall be a minimum of ten
(10) feet in overall height when planted. In all cases, relocation
or replacement trees may be required on a one for one basis as a
condition of issuing a tree permit.
Section 14. Tree removal, relocation or replacement permit
fee.
The fee for each tree permit allowing the removal, relocation
or replacement of trees is hereby established as follows:
(1) Fifty dollars ($50.00) per lot for each lot contained in
the legal description of the property.
(2) Where work for which a permit is required by Section 5 is
started prior to obtaining a permit, the fee shall be
doubled; but the payment of the fee shall not relieve any
person from complying with the requirements of this
chapter nor from any other penalties which may be
imposed.
Section 15, Tree Protection.
(1) During the land clearing and construction stage of
development, the developer shall erect and maintain protective
barriers around all trees or groups of trees to be protected. The
developer shall not allow the movement of equipment or the storage
of equipment, materials, debris or fill to be placed within the
protective barrier.
(2) During the construction stage of development, the
developer shall not allow the cleaning of equipment or material
within the drip line of any tree or groups of trees to be
protected; nor shall the developer allow the disposal of waste
materials such as paint, oil, solvents, asphalt, concrete or mortar
within the drip line of any tree or groups of trees.
(3) No attachments or wires other than those of a protective
nature shall be attached to any tree.
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(4) During the land clearing and construction stage of
development, the building official shall periodically inspect the
site to ensure compliance with the provisions of this chapter.
(5) Tree relocation and replacement activity permitted or
required under this chapter shall be done in accordance with
standard forestry practices and procedures and all such plantings
shall be reasonably maintained and attended to promote successful
establishment thereof.
Section 16. Hazardous trees exempt from written permit
requirement.
In the event that any tree shall be determined to be in a
hazardous or dangerous condition so as to endanger the public
health, welfare or safety, and requires immediate removal without
delay, verbal authorization may be given by the building official
and the trees removed without obtaining a written permit as herein
required.
Section 17. Exceptions due to emergencies.
During the period of an emergency such as a hurricane,
tropical storm, tornado or flood, the requirements of this chapter
may be waived by the Town. The removal of all trees destroyed or
harmed during such emergency by natural forces which are beyond
saving or which are a hazard shall be exempt from the provisions of
this chapter for a period of thirty (30) days following such
occurrence, provided that the building official is notified of the
intended removal at least twenty-four (24) hours prior to the
removal.
Section 18. Tree and vegetation removal criteria for
landscape betterment plans.
Applicants for permits shall be entitled to demonstrate by
means of a landscape plan that an improvement or betterment of the
environment can be accomplished over the existing site conditions,
if landscaping and tree planting improvements are installed in
accordance with the landscape betterment plan and existing trees
and vegetation are removed. The applicant must guarantee in
writing to the Town that the betterment plan will be completed to
result in substantial improvement of vegetation on the site. If
such a landscape betterment plan is so offered and is approved by
the building official, no certificate of occupancy shall be issued
to the site until the work is completed as specified on the
approved landscape plan. In the event the proposed landscaping
improvements are not being done in conjunction with a proposed
structure requiring a certificate of occupancy, the applicant shall
guarantee by adequate bond the faithful adherence and completion of
such landscape betterment plan.
Section 19. Exceptions as to certain trees.
The following trees or types of trees shall be exempt from the
terms and provisions of this chapter:
(1) Any diseased, infected or infested trees upon
confirmation by the building official.
(2) Schinus terebinthinfolius (Brazilian Pepper Tree).
(3) Metopium toxiferum (Poison Wood).
(4) Melaleuca leucadendron (Melaleuca).
Section 20. Disposal of diseased trees.
Trees which are found to be diseased by the building official
and to be in danger of contaminating other trees or of spreading
such tree infection or disease, shall be removed and disposed of,
if necessary, without undue delay and on an emergency basis, as the
circumstances may require. The lethal yellowing of coconut disease
shall be considered such an emergency type of tree infection or
disease.
Section 21. Designation of specimen and historic trees.
The building official may recommend from time to time the
designation of certain trees located within the Town as specimen or
historic trees. The Town Manager shall review such recommendation
and add thereto his or her own comments and recommendations and the
matter shall be presented to the Town Commission for its
determination. The Town Commission shall consider the report of
the building official and the recommendation of the Town Manager
and shall either accept, modify or deny the recommendation and may
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designate by ordinance those trees it deems appropriate as specimen
or historic trees.
Section 22. Natural growth to be preserved.
Every effort shall be put forth on all undeveloped property to
retain each particular area of natural vegetative cover that is
determined by the Town to be a fragile ecosystem, unique, valuable
or nearly extinct in our area, unless it would unduly restrict the
use of the property or create a condition of undue hardship on the
owner. Natural or native vegetation shall also be preserved on
developed property where possible and be incorporated in the
landscaping scheme in recognition of lower maintenance requirements
and the conservative use of water for irrigation of such
vegetation.
Section 23. Natural vegetative cover on beach dunes.
The natural vegetative cover on beach dunes shall be preserved
in an undisturbed state of growth as a fragile ecosystem. Such
beach dune vegetation, including grasses, sedges, vines, shrubs and
tree development, shall remain in its natural state and not be
removed, altered or damaged except in accordance with the
requirements of this chapter. Elevated walkways are encouraged for
beach access at oceanfront development in order to protect beach
dune vegetation. The storage of boats, sailboats or other articles
on existing beach dune vegetation is prohibited and shall be
considered a violation of this chapter.
Section 24. Preservation of mangrove areas.
Because mangrove areas are the ecological base of the
biological food chain for many important species, provide a habitat
and shelter for birds and other organisms and are possessed of
considerable esthetic value, land development shall be permitted
only in a manner consistent with maximum possible conservation of
mangrove wetlands. Tree permits for mangrove wetlands will require
the replacement of each mangrove tree removed with a mangrove
seedling to be planted on the site.
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Section 25. Procedures of building official to be
followed.
All necessary procedures outlined by the building official
shall be followed in instances where the grade is to be raised or
lowered around an existing plant, where ditching for utilities,
foundations, swimming pools, driveways or the like will severely
cut root systems, or where large paved areas will delete the water
supply and aeration necessary for the life of a tree or shrub, or
where a change in the grade or drainage of development will
seriously harm natural areas to be retained.
Section 26. Public lands.
No tree shall be removed from any Town lands, public park or
any areas of the public right-of-way except in accordance with the
provisions of this chapter.
Section 27. Appeals from decisions of the building
official.
Any person aggrieved by any decision of the building official
in the enforcement of any terms or provisions of this chapter may
appeal to the Town Commission by filing, within fifteen (15) days
after the date of the decision complained of, a written notice of
appeal with the Town Clerk, which shall set forth concisely the
decision appealed from and the reasons or grounds for the appeal.
Each appeal shall be accompanied by a fee of twenty-five dollars
($25.00) to cover the cost of publishing and mailing notices of
hearing. The Town Commission shall hear and consider all facts
material to the appeal and render a decision promptly. The Town
Commission may affirm, reverse or modify the decision appealed
from.
Section 28. Effect of an appeal.
During the pendency of any appeal, any permit which has been
issued or approved shall be stayed until the final determination of
the appeal. The building official shall immediately notify the
permittee that an appeal has been taken and that the operations
sanctioned by the permit are to be held in abeyance until final
determination of the appeal.
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Section 29_ Penalty.
(a) Any person, organization, society, association or
corporation, or any agent or representative thereof, violating the
provisions of ar.y section of this chapter shall, upon conviction,
be punished pursuant to the provisions of the Town Code of
Ordinances. The removal of each tree shall constitute a separate
offense under this chapter.
(b) Any person who violates the provisions of this chapter
shall be deemed guilty of a misdemeanor and the conviction thereof
shall be grounds for the revocation or suspension of any permit
granted for the construction or remodeling of any building or
structure on the site so involved.
Section 30. Severability.
If any provision of this Ordinance or the application thereof
is held invalid, such invalidity shall not affect the other
provisions or applications of this Ordinance which can be given
effect without the invalid provisions or applications, and to this
end the provisions of this Ordinance are hereby declared severable.
Section 31. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Gulf Stream, Florida, or
parts thereof which conflict with this or any part of this
Ordinance are hereby repealed.
Section 32. Codification.
This Ordinance shall be codified and made a part of the
official Code of Ordinances of the Town of Gulf Stream.
Section 33. Effective Date.
This Ordinance shall take effect immediately upon its passage
and approval, as provided by law.
PASSED AND
ADOPTED in
a regular,
adjourned
session on first
reading this
day of
,
1991, and
for a second and
final reading on
this
day of
.
1991.
MAYOR
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ATTEST:
TOWN CLERK
JCR\13147-01\TREE.ORD
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TOWN COMMISSION