HomeMy Public PortalAboutORD 91/21ORDINANCE NO. 91/21
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, PROVIDING THAT IT SHALL BE UNLAWFUL
FOR ANY PERSON TO REMOVE TREES, MOVE SOIL OR
CONDUCT LAND CLEARING ACTIVITIES WITHOUT FIRST
HAVING OBTAINED A LAND CLEARING PERMIT FROM
THE TOWN COMMISSION; PROVIDING FOR REVIEW
PROCEDURES; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR APPLICATION REQUIREMENTS AND
FEE; PROVIDING FOR COMPLIANCE WITH THE TOWN'S
COMPREHENSIVE PLAN; PROVIDING FOR PENALTY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING
FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Land Clearing Permits Required
It shall be unlawful for any person to remove, damage or
destroy from any parcel of land located within the Town any tree
with a trunk diameter of four inches (411) or greater prior to
obtaining a Land Clearing Permit from the Town Commission. For
purposes of this Section, a "tree" is any self-supporting woody
plant together with its root system, growing upon the earth usually
with one trunk of at least four inches (411) in diameter at a height
of four and one-half feet (4 1/21) above the ground, or a multi -
stemmed trunk system with a definitely formed crown.
It shall further be unlawful for any person to remove, move or
add soil or fill to or from any parcel of land located within the
Town without first having obtained a permit from the Town
Commission.
Section 2. Review Procedures.
The application for a Land Clearing Permit shall be reviewed
by the Town Commission and the Architectural Review and Planning
Board in conjunction with, where applicable, and in the same manner
as the requirements set forth in the Zoning Code for site plan
review, following the same review procedures set forth therein.
Section 3. Exemptions.
The provisions of this ordinance shall not apply to:
1. The removal of trees on public lands, public rights -of -
ways or easements conducted by or on behalf of public
utilities, or a federal, state, county, municipal, or
other governmental agency in pursuance of its lawful
activities or functions.
2. The removal of trees or the moving or deposition of soil
upon lots previously developed and for which a building
permit has previously been granted, except in the
instance where the redevelopment activity will disturb or
alter fifty percent (50%) or more of the landscaped area
of the developed site.
3. The Land Clearing 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.
Section 4. Application Recruirements
Any person desiring a Land Clearing Permit as required by this
Section shall submit a written application to the Building
Administrator of the Town in the same manner and following the same
procedures as provided in the Zoning Code of the Town for site plan
review. The application shall include sufficient information to
delineate the extent of the clearing necessitated by the proposed
land development which information shall include the following:
1. A complete inventory designating the species, location
and number of all existing trees on the property to be
developed. In addition, information should be provided
which shall fully provide for and designate existing
elevations on the property.
2. A site plan showing the proposed plan designating the
location, species and number of all trees on the
property; proposed elevations and contours of land.
3. Written justification shall be provided for the proposed
work. This shall include, but not be limited to, the
following:
A. In the event of removal of trees from the property,
the applicant shall provide a plan for mitigation
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satisfactory to the Town Commission which may
include relocation and preservation of the trees
removed to another location on a property located
within the Town of Gulf Stream, or the planting of
new trees on the development site. Removal shall
only be allowed in the instance where there is no
practical location on the applicant's property or
other property in the Town for relocating the
tree(s).
B. The applicant shall provide the Town a plan and
appropriate assurances to ensure the protection of
trees shown on the site plan during the land
clearing or construction activities and their
continued maintenance thereafter. The Commission
may require a bond or letter of credit satisfactory
to the Town to assure the continued survivability
of the trees.
Section 5. Application Fee.
The application fee for a Land Clearing Permit shall be
$25.00, which amount shall be paid to the Town upon application.
Section 6. Compliance with Comprehensive Plan
The Town Commission has determined that this Ordinance is in
compliance with the Comprehensive Development Plan of the Town of
Gulf Stream.
Section 7. Penalty.
The penalty for failure to comply with the conditions of this
ordinance shall be in accordance with the general penalty section
of the Code of Ordinances of the Town of Gulf Stream. In addition
thereto, in the event a person or entity conducts the activities
addressed herein without having obtained a permit from the Town
Commission, the work being conducted may be immediately stopped by
the Town's Building Official and a permit shall be obtained. No
permit shall be granted by the Town for any work within the Town
until the person or entity violating the provisions of this
ordinance shall have mitigated the damages caused to the
satisfaction of the Town Commission in the same manner as
mitigation would be addressed by the applicant for a permit as set
forth herein.
Section 8. Severability.
If any provision of this Ordinance or the application thereof
is held invalid, such invalidity shall not affect the nthar
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 9. 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 10. Codification.
This Ordinance shall be codified and made a part of the
official Code of Ordinances of the Town of Gulf Stream.
Section 11. 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 .7+h day of rl-+.mh,r , 1991, and for a second and
final reading on this 91_,.f- day of n r 1 p, 1991.
MAYOR ^
ATT�E�,
TOWN CLERK
JCR\13147-01\TREE2.ORD
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TOWN COMMISSION