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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 2 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 4 TOWN COMMISSION