TOWN OF PALM BEACH
Town Manager’s Office TENTATIVE - SUBJECT TO REVISION
ORDINANCES, RULES, AND STANDARDS COMMITTEE MEETING
AGENDA
TOWN HALL COUNCIL CHAMBERS-SECOND FLOOR 360 SOUTH COUNTY ROAD
Thursday, November 5, 2015
2:00PM
I. CALL TO ORDER AND ROLL CALL
II. APPROVAL OF AGENDA
III. COMMUNICATIONS FROM CITIZENS
IV. REGULAR AGENDA
A. Old Business
1. Discussion Regarding Expansion of Bike Racks Town-wide in the Context of Potential Prohibition of Attaching Bikes to Street Lights and Other Public Structures (Jay Boodheshwar, Deputy Town Manager)
2. Review Resident Inspector Program (Bill Bucklew, Building Official)
3. Review Proposed Modifications to Chapter 66 (Veronica Close, Assistant Director of Planning, Zoning and Building)
B. New Business
1. Proposed Ordinance to Prohibit Barges and Other Floating Structures from Mooring and Anchoring in Town Waterways (Jay Boodheshwar, Deputy Town Manager)
Post Office Box 2029 * 360 South County Road * Palm Beach, Florida 33480 Telephone (561) 838-5410 * Facsimile (561) 838-5411 * [email protected]
2. Review Maintenance Responsibilities for Landscaping Encroaching on Adjacent Properties (John Page, Director of Planning, Zoning & Building)
3. Approval of Updated ORS Meeting Schedule through May 2016 (Jay Boodheshwar, Deputy Town Manager)
V. ANY OTHER MATTERS
1. Update on Private Providers Administrative Procedure (John Randolph, Town Attorney)
VI. ADJOURNMENT
PLEASE TAKE NOTE:
The progress of this meeting may be monitored by visiting the Town’s website (www.townofpalmbeach.com) and clicking on “Meeting Audio” in the left column. If you have questions regarding that feature, please contact the Office of Information Systems (561) 227-6315. The audio recording of the meeting will appear within 24 hours after the conclusion of the meeting.
Disabled persons who need an accommodation in order to participate in the meeting are requested to contact the Town Manager’s Office at 838-5410 or through the Florida Relay Service by dialing 1-800-955-8770 for voice callers or 1-800-955-8771 for TDD callers, at least two (2) working days before this meeting.
11/05/15, ORS Meeting
Town of Palm Beach Memo
To: Penelope D. Townsend, Chair, Ordinances, Rules and Standards Committee Danielle Hickox Moore, Committee Member, Ordinances, Rules and Standards Committee
From: Jay Boodheshwar, Deputy Town Manager
Cc: Thomas G. Bradford, Town Manager; Department Directors; Veronica Close, Assistant Director of Planning, Building and Zoning; Nicholas Caristo, Police Lieutenant; Bill Bucklew, Building Official; Paul Castro, Zoning Administrator; Susan Owens, Town Clerk; John C. Randolph, Town Attorney
Date: 10/29/2015
Re: ORS Agenda Items for the November 5, 2015, ORS Meeting
This memorandum and its attachments serve as the backup material associated with the agenda for your ORS meeting on November 5, 2015. Below is the list of agenda items and related exhibits, providing background information for each item.
Old Business
1. Discussion Regarding Expansion of Bike Racks Town-wide in the Context of Potential Prohibition of Attaching Bikes to Street Lights and Other Public Structures (Jay Boodheshwar, Deputy Town Manager) Exhibit A.
2. Review Resident Inspector Program (Bill Bucklew, Building Official) Exhibit B.
3. Review Proposed Modifications to Chapter 66 (Veronica Close, Assistant Director of Planning, Zoning and Building) Exhibit C.
New Business
1. Proposed Ordinance to Prohibit Barges and Other Floating Structures from Mooring and Anchoring in Town Waterways (Jay Boodheshwar, Deputy Town Manager) Exhibit D.
1 1 2. Review Maintenance Responsibilities for Landscaping Encroaching on Adjacent Properties (John Page, Director of Planning, Zoning & Building) Exhibit E.
3. Approval of Updated ORS Meeting Schedule through May 2016 (Jay Boodheshwar, Deputy Town Manager) Exhibit F.
Any Other Matters
1. Update on Private Providers Administrative Procedure (John Randolph, Town Attorney)
Town Attorney, John Randolph, and Building Official, Bill Bucklew, will provide a verbal report relative to the implementation of an administration procedure for the Private Provider program.
2 2 EXHIBIT A
TOWN OF PALM BEACH Information for ORS Committee Meeting on: November 5, 2015
To: Ordinances, Rules & Standards Committee
From: Jay Boodheshwar, Deputy Town Manager
Re: Discussion Regarding Expansion of Bicycle Racks Town-wide
Date: October 29, 2015
STAFF RECOMMENDATION
Staff seeks direction from the ORS Committee relative to the expansion of bicycle rack inventory throughout the Town in the context of a potential prohibition of attaching bicycles to street lights and other public structures.
GENERAL INFORMATION
At the September 11, 2015, ORS meeting, the Committee recommended modification to the Town Code to prohibit the attachment of hammocks, lines, sport nets and other similar objects (with the exception of bicycles) to trees, sign poles, railings, fences or similar structures in a public place within the Town. Subsequent to this meeting, an ordinance prohibiting same was developed and received first reading at the October 13 Town Council meeting. Second reading is scheduled for November 10. The Committee was not supportive of prohibiting the attachment of bicycles due to the limited access of bike racks throughout the Town. Therefore, staff was asked to place an item on the November 5 ORS meeting agenda to continue the conversation.
John David Corey was invited by Councilmember, Danielle Moore, to attend the November 5 ORS meeting to give his perspective relative to the issue of bike rack availability within the Town and the potential prohibition to attaching them to public structures other than bike racks. Mr. Corey will be present to convey his thoughts and answer questions. Staff will also be prepared to answer questions and look forward to the Committee’s direction. cc: Thomas G. Bradford, Town Manager John C. Randolph, Town Attorney Lt. Nicholas Caristo, Police Department
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TOWN OF PALM BEACH Information for ORS Committee Meeting on: November 5, 2015
To: Ordinances, Rules, & Standards Committee
Via: Jay Boodheshwar, Deputy Town Manager
From: William C. Bucklew, CBO, Building Official
Re: Resident Inspector Requirements
Date: October 27, 2015
STAFF RECOMMENDATION
Staff is providing an updated proposed ordinance to the ORS Committee regarding the new guidelines for the use of Resident Inspectors on construction projects located in the Town.
GENERAL INFORMATION
At the last meeting of the ORS Committee, (September 11, 2015), the Town presented an update to the section of the Code that modified the Town’s current Resident Inspector Program. Staff has continued to work on the areas of concern presented at the last meeting while keeping in mind the overall goal of the program. Staff is prepared to present proposed ordinance revisions which we feel addresses the needs of the Town as well as comments from the ORS committee and others.
The newly revised ordinance provides for the following:
1) The ordinance provides greater oversight and control of those individuals working in the Town as resident inspectors by providing specific guidelines and requirements that must be adhered to.
2) Although the proposed ordinance could potentially allow for more resident inspectors to be working in Town, the Building Official retains the authority to approve or deny the use of a resident inspector based on specific criteria that must be demonstrated before approval can be given for their use.
3) The Building Official still retains the ability to require the use of a resident inspector for large projects (over 20,000 sq ft) when it is demonstrated that it will be beneficial to the advancement of the project.
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4) The qualifications to work as a resident inspector that will be monitored by the Town involve the applicable state required licensure of the individual(s) working on a project. Any insurance requirements must be verified and be to the satisfaction of the owner or developer/contractor employing such resident inspector. Each individual, owner and proposed resident inspector, must complete an affidavit that releases the Town and its officials from any and all liability with regards to the use of a resident inspector on a project.
5) The revised ordinance does allow a resident inspector to work in a multi-family structure or structures other than single family homes, when it can be demonstrated and verified that the unique design or type of construction would be better served by a consistent inspection process. It also allows for multiple projects in the same multi-family building when it is consistent with the rules in the ordinance and at the discretion and approval of the Building Official.
The Town’s Resident Inspector program is not required by the State of Florida. It is an optional service that has proven to fill a niche in Palm Beach (caused in large part by the seasonal nature of construction and the need for tight construction scheduling). Town staff is not advocating that the program be eliminated, yet it needs to be carefully structured so that it remains responsive to PZB needs. We feel that this revised proposed ordinance meets those needs and requirements.
TOWN ATTORNEY REVIEW
This item remains under review by the Town Attorney and the Building Official. cc: Thomas G. Bradford, Town Manager John S. Page, PZB Director Veronica Close, PZB Assistant Director Joe Hughes
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109.3.7 Other inspection services. The building official may make, or cause to be made by others, the inspections required by Section 109. He/she may accept reports of inspectors of recognized inspection services, provided that after investigation he/she is satisfied as to their qualifications and reliability. A certificate called for by any provision of the technical codes shall not be based on such reports unless the same are in writing and certified by a responsible officer of such service. The building official may require the owner to employ an inspection service in the following instances: 1. For buildings or additions of Type I or Type II construction 2. For all major structural alterations 3. Where the concrete design is based on compressive strength (f 'c) in excess of 3000 pounds per square inch 4. For pile driving 5. For buildings with area greater than 20,000 square foot 6. For buildings more than 2 stories in height 7. For buildings and structures of unusual design or methods of construction Such inspectors shall be adequately present at times work is underway on the structural elements of the building. Such inspectors shall be a registered architect, or engineer, or a person licensed under Chapter 468, Part XII, Florida Statutes. Such inspectors shall submit weekly progress reports including the daily inspections to the building official, and including a code compliance opinion of the Resident Inspector. At the completion of the construction work or project, such inspectors shall submit a certificate of compliance to the building official, stating that the work was done in compliance with this code and in accordance with the permitted drawing. Final inspection shall be made by the building official before a Certificate of Occupancy or Certificate of Completion is issued; and confirmation inspections may be made at any time to monitor activities and resident inspectors. The resident inspector shall be provided with a separate small air-conditioned and heated job office and telephone at the project site. The resident inspector shall be provided with a separate complete set of stamped and reviewed plans, specifications, and shop drawings for the project. The resident inspector is to keep a daily log of inspections and job related matters which will be turned in weekly. The resident inspector will be spot checked by the assigned town building inspector and will report to same. The resident inspector shall not stop work progress without first reporting to the town building division. Although employed by the developer, the resident inspector shall be dismissed only at the discretion of the building official. Complete, prompt, and accurate inspection and Town ordinance enforcement shall be the resident inspector's sole duty.
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RESIDENT INSPECTORS
1. Purpose. The Town recognizes that there are projects where the building size, style, type of construction, or unique design may require lengthy and constant inspections beyond the services normally scheduled and provided by the Town. In these particular circumstances the existence of a full time inspector on a project site during the performance of the work would be beneficial and would facilitate progress of the project. Therefore the Town has determined that it would be beneficial to allow the performance of inspections by persons other than the town or town-contracted inspectors in these instances. The Town also recognizes that in so doing, it is imperative that those inspections be performed in a complete, prompt and accurate manner, to ensure the conformance to the Florida Building Code and other applicable Town Codes while protecting the health, safety and welfare of the occupants of the structure, during and after construction. Therefore there is created the inspector category of resident inspector, whose sole purpose is to perform complete, prompt, and accurate inspections required under the Florida Building Code, and to ensure compliance with ordinances of the Town of Palm Beach. The requirements and procedures pertaining to a person who serves in this capacity within the town are outlined below. These services are separate and apart from other services outlined elsewhere in this code or Florida statutes and are being allowed as a courtesy to contractors and owners. and shall only be allowed at the sole discretion of the Building Official.
2. Definitions Resident inspector – means an individual licensed as an engineer under Chapter 471 Florida Statutes, as an architect under Chapter 481 Florida Statutes, as an engineer, or who holds a standard certificate under Part XII of Chapter 468 Florida Statutes as a standard inspector.
Project – means construction work being performed at an individual site or property having one address and covered by one master permit.
3. Approval of Resident Inspector An owner or developer may be required by the Building Official to retain the services of a resident inspector to provide building code inspections for a project involving new construction, additions or alterations affecting 20,000 square feet or more of space, or on projects where the building size, style, type of construction, or unique design warrant such an inspector, or as requested by the owner or developer and approved by the building official upon providing written justification sufficient evidence that the building size, style or unique design demand detailed, lengthy or constant inspection beyond the normal scheduling allowances for inspections by Town staff.
The approval of the use of a resident inspector as defined herein by the Building Official may only occur provided that after investigation he or she is satisfied as to the resident inspector’s qualifications,
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suitability, previous performance and reliability, and has confirmed the receipt of affidavits by the owner, contractor/developer and resident inspector indicating their understanding and agreement with the requirements and procedures of the Town relating to the use of resident inspectors. Such affidavits shall be submitted on forms approved by the Building Official as required by the Town. The resident inspector desiring to provide services under this section shall meet with the Building Official prior to providing any such services, at which time the qualifications and justification for the use of a resident inspector on a particular project shall be assessed. No services shall be provided by the resident inspector until and unless approval by the Building Official has been rendered in writing.
Although employed by and paid for by the owner, the resident inspector shall be approved and dismissed only at the discretion of the Building Official or his or her designee.
Retention by owner
Because of the full-time nature of this service, the resident inspector is limited to providing inspection services only for the project approved by the Building Official for that project only and shall be retained by the owner through completion of the passed final inspection, the issuance of a certificate of occupancy, if applicable, and the submission of final required documentation. The Building Official may approve the provision of resident inspector services by a resident inspector at additional sites if the resident inspector’s work is within a condominium building or other multi-family structure, that meets the criteria for uniqueness of construction and the additional projects are located within the same multi-family structure and, after being provided compelling information that the resident inspector is readily able to be present at the additional sites while work is underway, and the receipt of affidavits by owners and contractors/developers of the additional sites that they are aware of and in agreement with the arrangement. All of the provisions of the resident inspector program regarding the duties and responsibilities of all parties shall apply.
The agreement for resident inspector services may not be assigned to the contractor or contractor’s representatives by the fee simple owner, nor may payment of resident inspector services occur by anyone other than the owner. A resident inspector may be employed by a contractor/developer only upon written approval of the owner.
The fee simple owner, contractor and resident inspector of a project where the services of a resident inspector has been requested or required shall complete required applications and certifications on forms approved by the Building Official.provided by the town. Information shall include the name, firm, address, telephone number, e-mail address, and facsimile number of the resident inspector who is performing or will perform such services, his or her professional license or certification number, qualification statement or resume, description and extent of construction work . In addition, the owner of a property desiring to utilize the services of a resident inspector shall complete and execute a hold
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harmless agreement, releasing the Town from any and all liabilities that may arise from the owner’s use of a resident inspector as defined herein.
The Building Official shall provide for review of the work of the resident inspector by Town officials periodically or as needed to ensure compliance to town policies and performance of inspections in accordance with requirements of the Florida Building Code. A final audit inspection shall be made by the Building Official or his designee before a Certificate of Occupancy or Certificate of Completion is issued. Audit inspections by the town may be made at any time to monitor construction activities and resident inspectors.
A fee simple owner or contractor/developer required or wishing to use a resident inspector shall provide an affidavit in substantially the following form:
I am requesting to retain a resident inspector to provide building code inspection services on the building or structure that is the subject of the enclosed permit application. I understand that the building official or his or her designee may make inspections to confirm conformance to building codes as he or she determines necessary to determine compliance with applicable codes. By executing this form, I acknowledge that I have made inquiry regarding the competence of the licensed or certified individual I wish to retain as resident inspector, his retention of any general liability insurance I feel is required, and I am satisfied that my interests are adequately protected. I agree to indemnify, defend, and hold harmless the town, the building official, and building code enforcement personnel from any and all claims arising from my use of a resident inspector to perform building code inspection services with respect to the building or structure that is the subject of the enclosed permit application. I understand that although I am retaining the services of a resident inspector, the resident inspector shall be approved and dismissed only at the discretion of the Building Official or his or her designee. I am aware of the requirements and procedures for use of a resident inspector, and agree to conform to same.
4. Requirements of the Resident Inspector The Resident Inspector shall agree to indemnify, defend and hold harmless the town, building official, and building code enforcement personnel from any and all claims arising from the actions of the resident inspector regarding the performance of building code inspection services and related functions for the project where he is employed.
A resident inspector must perform all building inspections for a project, and may perform additional inspection services for those disciplines for which he or she is certified. The Resident inspector shall maintain licensure under Chapter 468 Florida Statues as a standard building inspector as a minimum, and for all disciplines for which he or she is providing inspection services.
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A resident inspector may not provide building code inspection services pursuant to this section upon any building designed or constructed by the resident inspector or the resident inspector’s firm.
A resident inspector may not perform any contracting activities as defined within Chapter 489 Florida Statutes, or with a county certificate of competency or qualify any company for such work within the town limits while acting in the capacity of resident inspector. Any resident inspector violating this provision shall be terminated for cause from any project for which he or she provides resident inspector services, and may be prohibited from participating in the Town’s resident inspector program in the future.
A resident inspector may not have any contractual arrangement with, or perform any construction services for any contractor under licensure by FS 489, associated with a project for which the resident inspector is performing services, during the time the inspector is retained by the owner or contractor/developer.
5. Responsibilities of Resident Inspector Performance of inspections as required by the Florida Building Code shall be the resident inspector's primary duty. The resident inspector shall be present at all times work is underway on the building. Such inspector shall be a registered architect, engineer or a person licensed under Chapter 468, Part XII, Florida Statutes. Such inspector shall submit progress reports including code compliance opinions and the results of inspections to the Building Official or his or her designee, on a weekly basis until the completion of the project or until the resident inspector is dismissed by the Building Official in accordance with the procedures established by the town.
6. Conduct of Work Resident inspectors shall:
a. Perform only inspections that have been scheduled by the contractor in accordance with town procedures.
b. Enter the results of the inspections on the day of the inspection, in accordance with the procedures as required by the Town.
c. Create and deliver a weekly log of inspections and job related matters to the Town Building Official no later than the first business day of the following week.
d. Perform only inspections that are within the permitted scope of the inspector’s state license.
e. Perform inspections only on work that is reflected on reviewed and permitted drawings.
f. If at any time the scope of the work being performed goes beyond that which was approved by the Town, the resident inspector shall notify the Building Official immediately.
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g. Insure that all plan revisions are submitted to the Town for review. No inspections shall be conducted on revised construction unless it is approved by the Town. h. Be present on the job site at any time permitted work is being performed. i. Direct all questions to the Town’s chief building inspector. j. Ensure that Town procedures and requirements are followed related to erosion control, screening of sanitary facilities and deliveries. k. Notify the Building Official of the proposed use of a substitute inspector upon written request received at least 7 business days , when feasible, prior to the proposed absence by the resident inspector, and must be accompanied by written approval of the fee simple owner in order for such request to be considered by the building official. The use of a substitute inspector must be approved in writing by the building official prior to the use of a substitute, and may not exceed a cumulative total of 10 working days within any 12-month period. The use of a substitute inspector in an amount greater than 10 working days within any 12 month period must be approved by the building official and may only be for reasonable cause. Any services provided by a substitute inspector must conform to all of the procedures and requirements herein. Alternatively, the building official may determine that it is in the best interest of the town that during the absence of the resident inspector, town inspectors or town contract inspectors shall be used. l. Verify that all trades working on site have a valid permit that is posted on the job prior to any work. m. Advise the contractor of any violations involving construction vehicle traffic, paying particular attention to the use of right of ways, or if traffic on a public way is being stopped to allow ingress and egress of the site. Notify the town if repeated violations are observed after contractor has been notified. n. Advise the contractor of any noted safety concerns such as violations of OSHA requirements, and the requirements related to hot work permits from the Fire Department. o. Monitor working hours, dust, noise, observance of allowable construction hours and prohibited construction in season, such as gunite, pile driving, sandblasting, jackhammers and similar machinery. Notify contractor of any observed violations, and if issues are not resolved, notify the Town immediately. p. Ensure that all sub permits have received final inspections prior to conducting a final inspection for the master permit. q. Ensure that the Building Official has been notified, and that a final audit inspection has been conducted by the Town prior to conducting a final inspection.
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r. Submit a certificate of compliance to the building official at the completion of the construction work or project, stating that the work was done in compliance with the Florida Building Code and in accordance with the reviewed and permitted drawings.
s. Attend all preconstruction conferences related to the project.
Resident Inspectors shall not:
a. Schedule inspections, or deliver or pick up any drawings, permits or other paperwork required of the contractor to the Building Division or other locations.
b. Perform other duties which are the responsibility of the Contractor.
c. Perform inspection services on more than one job, until dismissed by request of the owner and approval by the town, unless approved by the building official pursuant to Section 3. Such documentation must be provided to the Building Official in writing before the resident inspector may perform like services on another property, or for another owner within the town.
d. Stop work progress without first reporting to the town building division.
Failure to conform to procedures and policies may result in disqualification of resident inspector from providing such services within the Town. The resident inspector must execute an affidavit on a form provided by the Town acknowledging receipt of, and agreement with town requirements and procedures prior to commencing inspection services at a project.
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TOWN OF PALM BEACH RESIDENT INSPECTOR PROGRAM RESIDENT INSPECTOR DUTIES ACKNOWLEDGEMENT FORM
Location of Construction Project: ______
AS A RESIDENT INSPECTOR PERFORMING FLORIDA BUILDING CODE INSPECTIONS ON THE ABOVE ADDRESS, I HEREBY ACKNOWLEDGE AND AGREE TO ALL OF THE FOLLOWING CONDITIONS.
I, ______, CERTIFY THAT I WILL:
(Initial each box) [ ] Perform only inspections that have been scheduled by the contractor in accordance with town procedures. [ ] Enter the results of the inspections on the day of the inspection, in accordance with the procedures as required by the Town. [ ] Create and deliver a weekly log of inspections and job related matters to the Town Building Official no later than the first business day of the following week. [ ] Perform only inspections that are within the permitted scope of my inspector’s state license. [ ] If at any time the scope of the work being performed goes beyond that which was approved by the Town, I shall notify the Building Official immediately. [ ] Insure that all plan revisions are submitted to the Town for review. No inspections shall be conducted on revised construction unless it is approved by the Town. [ ] Be present on the job site at any time permitted work is being performed. [ ] Direct all questions to the Town’s chief building inspector. [ ] Ensure that Town procedures and requirements are followed related to erosion control, screening of sanitary facilities and deliveries. [ ] Notify the Building Official of the proposed use of a substitute inspector upon written request received at least 7 business days , when feasible, prior to the proposed absence by the resident inspector, and must be accompanied by written approval of the fee simple owner in order for such request to be considered by the building official. The use of a substitute inspector must be approved in writing by the building official prior to the use of a substitute, and may not exceed a cumulative total of 10 working days within any 12-month period. The use of a substitute inspector in an amount greater than 10 working days within any 12 month period must be approved by the building official and may only be for reasonable cause. Any services provided by a substitute inspector must conform to all of the procedures and requirements herein. Alternatively, the building official may determine that it is in the best interest of the town that during the absence of the resident inspector, town inspectors or town contract inspectors shall be used.
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[ ] Verify that all trades working on site have a valid permit that is posted on the job prior to any work. [ ] Advise the contractor of any violations involving construction vehicle traffic, paying particular attention to the use of right of ways, or if traffic on a public way is being stopped to allow ingress and egress of the site. Notify the town if repeated violations are observed after contractor has been notified. [ ] Advise the contractor of any noted safety concerns such as violations of OSHA requirements, and the requirements related to hot work permits from the Fire Department. [ ] Monitor working hours, dust, noise, observance of allowable construction hours and prohibited construction in season, such as gunite, pile driving, sandblasting, jackhammers and similar machinery. Notify contractor of any observed violations, and if issues are not resolved, notify the Town immediately. [ ] Ensure that all sub permits have received final inspections prior to conducting a final inspection for the master permit. [ ] Ensure that the Building Official has been notified, and that a final audit inspection has been conducted by the Town prior to conducting a final inspection. [ ]Submit a certificate of compliance to the building official at the completion of the construction work or project, stating that the work was done in compliance with the Florida Building Code and in accordance with the reviewed and permitted drawings. [ ] Attend all preconstruction conferences related to the project.
I CERTIFY THAT I WILL NOT: Initial each Box. [ ] Schedule inspections, or deliver or pick up any drawings, permits or other paperwork required of the contractor to the Building Division or other locations.
[ ] Perform other duties which are the responsibility of the Contractor.
[ ] Perform inspection services on more than one job, until dismissed by request of the owner and approval by the town, unless approved by the building official pursuant to Section 3. Such documentation must be provided to the Building Official in writing before the resident inspector may perform like services on another property, or for another owner within the town.
[ ] Stop work progress without first reporting to the town building division.
______Date: ______Resident Inspector Signature
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TOWN OF PALM BEACH RESIDENT INSPECTOR PROGRAM OWNER AFFIDAVIT
Location of Construction Project: ______
Type of Project: [ ] New Construction [ ] Addition [ ] Remodel
[ ] Other: ______
Contractor Name: ______
Resident Inspector : ______
I, ______, owner of the property listed at the above address, hereby request to retain a resident inspector to provide building code inspection services on the building or structure that is the subject of the enclosed permit application. I understand that the building official or his or her designee may make inspections to confirm conformance to building codes as he or she determines necessary to determine compliance with applicable codes. By executing this form, I acknowledge that I have made inquiry regarding the competence of the licensed or certified individual I wish to retain as resident inspector, his retention of any general liability insurance I feel is required, and I am satisfied that my interests are adequately protected. I agree to indemnify, defend, and hold harmless the town, the building official, and building code enforcement personnel from any and all claims arising from my use of a resident inspector to perform building code inspection services with respect to the building or structure that is the subject of the enclosed permit application. I understand that although I am retaining the services of a resident inspector, the resident inspector shall be approved and dismissed only at the discretion of the Building Official or his or her designee. I am aware of the requirements and procedures for use of a resident inspector, and agree to conform to same.
______Date: ______Owner Signature
Notary Seal
______Notary Signature
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TOWN OF PALM BEACH RESIDENT INSPECTOR PROGRAM RESIDENT INSPECTOR AFFIDAVIT
Location of Construction Project: ______
Type of Project: [ ] New Construction [ ] Addition [ ] Remodel
[ ] Other: ______
Contractor Name: ______
Resident Inspector : ______
I, ______, being licensed as an engineer under Chapter 471 Florida Statutes, as an architect under Chapter 481 Florida Statutes, or who holds a standard certificate under Part XII of Chapter 468 Florida Statutes as a standard inspector, do hereby affirm that I have read and completed the Town of Palm Beach resident inspector duties requirements and do certify and attest that I will abide by all requirements stated within the Town code regarding my duties as a resident inspector for the Town. A completed duties acknowledgement form is attached to this affidavit.
I further certify that I agree to indemnify, defend and hold harmless the town, building official, and building code enforcement personnel from any and all claims arising from the actions of myself, acting as resident inspector regarding the performance of building code inspection services and related functions for the project listed above.
______Date: ______Resident Inspector Signature
Notary Seal
______Notary Signature
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TOWN OF PALM BEACH Information for ORS Committee Meeting on: November 5, 2015
To: Ordinances, Rules, & Standards Committee
Via: Jay Boodheshwar, Deputy Town Manager
From: Veronica W. Close, Assistant Director, PZB Department
Re: Chapter 66 Review
Date: October 30, 2015
STAFF RECOMMENDATION
Staff is providing a revised Chapter 66 for additional review by the Ordinance, Rules and Standards Committee.
GENERAL INFORMATION
Staff has revised the proposed code modifications for Chapter 66 previously presented to ORS on May 6, 2015. We have indicated those articles where we are continuing to gather information related to dune management, as we have further discussions with the State Department of Environmental Protection. We will then re-address those articles and prepare recommendations for any changes we believe are warranted for a future ORS meeting. Please keep the following points in mind as you review this draft:
Included are two separate presentations of the same document. The first one shows all comments and proposed changes since the previous draft, in strikethrough/underline. Changes that have been made since the last ORS meeting in May are highlighted in yellow, and language that requires additional revision is highlighted in blue.
The second version does not show comments, so that the document can be presented in full size, to facilitate reading. Other than this difference, they are identical versions.
The strikethrough language of some sections of the chapter which have been relocated to other sections has been removed to facilitate reading, and their relocation has been noted for reference.
Where Staff-proposed wording has since been revised, the older version has been removed to avoid confusion.
The changes contained in Ordinance 13-2013 have been incorporated into this version, and are no longer shown in strikethrough/underline.
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The Town Attorney has not reviewed this version. As we come closer to a final document, his review will be necessary to ensure legal form and sufficiency. . Please feel free to contact me should you have any questions on this version. cc: Skip Randolph, Town Attorney H. Paul Brazil, Public Works Director John S. Page, Director of Planning, Zoning & Building John Lindgren, Planning Administrator
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ARTICLE I. IN GENERAL
Sec. 66-1. Generally. (a) Purpose and intent. (1) It is the intent of this chapter to ensure that proposed development is consistent with the town's comprehensive plan. (2) The purpose of this chapter is to establish those resources or areas of a development site that must be protected from harmful effects of development. (b) Relationship to other requirements. In addition to meeting the requirements of this chapter and other applicable town regulations, development plans shall comply with all applicable federal, state, county, and water management district regulations relating to natural resource protection, including beach, shore, and lagoon preservation. (c) Compliance with subdividing land. Each lot of a proposed subdivision must include a site suitable for constructing a structure in conformity with the standards of these requirements. (d) Priorities for shoreline land use. When reviewing applications for rezoning or amendments to the town's comprehensive plan, shoreline land use shall have the following priorities: (1) Water-dependent uses such as production or protection of fish, shellfish and wildlife; protection or conservation of coastal and natural resources; recreation, public access, navigation and water-dependent utilities; provided they have no significant adverse impact upon the land, waters or adjacent land uses. (2) Water-related or water-enhanced uses such as recreation and water-related utilities. (3) Scenic waterfront communities. (4) Uses that are not water-dependent or water-related that do not result in a diminution of coastal resources, and that are compatible with existing or committed uses in the town.
(Code 1982, § 11.5-81) (Code 1982, § 11.5-1)
Sec. 66-2. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alter or alteration of stormwater systems means work done on a stormwater management system other than that necessary to maintain the system's original design and function. Alteration means any removal, addition, or moving of sand, and/or any removal or addition of vegetation of any kind, either by way of planting or transplanting such vegetation, destruction of such vegetation, or the pruning or cutting of vegetation.
Alter or alteration of vegetation means to cut trim, remove, defoliate, or otherwise destroy or Comment [PZB1]: This definition has been disturb by any means, leaves, limbs, stems, roots, or other plant parts, dead or alive. replaced by the definition for “Trim…”. Alter or alteration of vegetation means anything other than trimming of vegetation, including but not limited to, trampling, crushing, breaking, digging up, or excessive cutting of roots, stems, or branches.
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Antitransparent means a protective coating, generally applied to plant materials prior to or immediately after transplanting, that reduces water loss through the leaf surface.
Berm is a linear earthen mound measured from the crown of the road or abutting finish floor elevation and has a maximum slope of three to one. The berm shall consist of clean fill composed of planting soil.
Buffer, perimeter landscape is an area of flat ground at grade or bermed land which is set aside along the perimeters of a parcel of land in which landscaping is required to provide an aesthetic transition between adjacent plots to eliminate or reduce the adverse environmental impact, and incompatible land use impacts.
Clear trunk wood when referring to palms means grey wood and sheath, boot, nut or other growth above the grey wood but does not include the fronds. Crest of the existing dune line means the highest point in elevation of the primary natural dune. Cultivated landscape area means planted areas that are frequently maintained by mowing, irrigating, pruning, fertilizing, etc. Curb means Type D or Type F curbing that border along the edge of a roadway, path, etc. typically constructed of concrete which may perform any one or more of the following functions: (A) forms a structural confinement of the road’s edge, parking island and medians; (B) may be raised to prevent vehicular traffic from leaving the road surface; and (C) provides a channel to collect and direct rainfall runoff from the road surface. DBH means diameter at breast height (4.5 feet or 1.37 meters) measured from the top of rootball. Detention means the collection and storage of surface water for subsequent gradual discharge. Dune means a mound, hill, bluff, or ridge of windblown sandloose sediments, usually sand-sized sediments, lying landward of the beach, deposited by any natural or artificial mechanism, subject to fluctuations in configuration and location, which may be bare or covered and and marine deposits formed by action of the wind and water, often stabilized by vegetation indigenous to this formation. Erosion and sediment control plan means a plan for the control of soil erosion, sedimentation of waters and sediment related pollutants, and stormwater runoff resulting from land disturbing activity. The town may require the party responsible for carrying out the plan to submit monitoring reports, as deemed necessary, to determine whether the measures required by the approved plan are being properly performed. Essential element means any element of a landscape plan which is determined by either the Architectural or Landmark Preservation Commission as being mandatory and upon which an approval is predicated. Changes to essential elements cannot be made without approval from the respective Commission. Examples of essential elements include, but not limited to, buffers, screening, trees, and palms. Evapotranspiration-based Controller means an irrigation controller that calculates soil moisture from known weather and related inputs, as follows: (A) receives and monitors weather data or on-site environmental conditions; (B) calculates the amount of moisture input to and moisture lost from the soil and plants;
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(C) automatically creates or adjusts the irrigation schedule to apply only the amount of water necessary to maintain adequate soil moisture. Excavation means removal of soil, sand or vegetation by the process of digging, scooping or hollowing out. Frontal dune means the hill or ridge of wind-blown sand located furthest east (seaward). (See Dune. ) Grey wood and clear wood means the portion of a palm trunk which is mature hardwood measured from the top of the rootball to the base of the green terminal growth, sheath, nut or boot. Refer to Sec. 66-284 Diagram A. Ground cover means a dense, low-growing plant, other than turf, that, by the nature of its growth characteristics completely covers the ground and does not usually exceed two feet in height. Ground cover means plants, other than turf grass, normally reaching an average maximum height of not more than 24 inches at maturity. Hat-racking occurs where tops of trees or main stems are removed, generally by cross-cutting the main stem(s) or leaders, leaving stubs. Hedge means a dense row of regularly spaced shrubs planted to form a continuous, unbroken visual screen. Impervious surface means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes but is not limited to semi-impervious surfaces such as compacted clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar structures. Irrigation system means a permanent, artificial watering system designed to transport and distribute water to plants. Landscape/landscaping means the following: (A) When used as a noun, this term shall mean living plant materials such as beautification strips, floral installations, hedges, sod, grasses, groundcover, shrubs, vines, trees or palms and nonliving durable materials commonly used in environmental design such as, but not limited to, walls or fences, aesthetic grading or mounding, but excluding pavers, paving, artificial turf, turf block, rocks and structures. (B) When used as a verb, this term shall mean the process of installing or planting materials commonly used in landscaping or environmental design.
Landscaped open space means open space which is covered and maintained with natural growth in a permeable soil.
Land disturbing activity means any land change that may result in soil erosion from water or wind and the movement of sediments and sediment related pollutants in waters, including but not limited to clearing, grading, excavating, transporting and filling of land. Mangroves means any specimen of Avicenna germinans (black mangrove), Laguncularia racemosa (white mangrove), Rhizaphora mangle (red mangrove), and Conocarpus erectus (buttonwood mangrove), dead or alive, regardless of size.
Materially altered means any construction, for control of upland erosion, excavation or building Comment [PZB2]: This definition will undergo that has an adverse effect upon the ecological integrity of the dune seaward of an existing seawall, the further review due to its potential effect on the implementation of any dune requirements.
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control of beach erosion, hurricane protection, coastal flood control, the shoreline, and/or offshore deposits of sand. Moderate drought tolerant means vegetation that requires supplemental irrigation during extreme dry periods to maintain attractive appearance. Motor vehicle means any self-propelled wheeled conveyance. Mulch means organic, arsenic free, material such as wood chips, pine straw or bark placed on the soil to reduce evaporation, prevent soil erosion, control weeds and enrich the soil. Mulch means nonliving organic and synthetic materials customarily used in landscape design to retard erosion and retain moisture. Muck means a dark highly organic soil made up primarily of humus from drained swampland. Multi-trunk tree is a tree that has a minimum of three trunks with no more than five trunks of equal diameters originating from the ground and with angles no greater than forty-five (45) degrees with diameter of at least 1 ½ inches measured at DBH. Native habitat means habitat that predominantly consists of or is used by those communities of plants, animals, and other flora and fauna which occur indigenously on the land, in the soil, or in the water. Native plant community is a natural association of plants dominated by one or more prominent native plant species, or a characteristic physical attribute as indicated by the Town of Palm Beach. Native plant species shall be the plant species indigenous to the ecological communities of South Florida, as indicated as native to South Florida by the University of Florida in the Atlas of Vascular Plants, or that can be scientifically documented to be native to South Florida. Native shoreline vegetation means vegetation that occurs indigenously on the land, in the soil, or in the water. Overall height of a tree means the height measured from the ground to the bend of the topmost branch of the tree. Overall height of palm means the measurement from the ground to the bend of the topmost frond. Pestilent exotic species means any specimen of Meleleuca (Meleleuca quinquenerva), Australian Pine (Causarina spp.), or Brazilian Pepper (Schinus terebinthifolius), regardless of size. Refer to Sec. 66.311. Planting means the placing on or setting into the ground of live plant material. Planting soil/topsoil means a medium composed of 50 percent sand and 50 percent muck. Palm planting soils shall compose of no more than 80 percent sand and remainder soil consisting of muck. It must be clear and free of construction debris, weeds and rocks, with a pH between 6.5 and 7. Primary natural dune is a dune which has sufficient alongshore continuity to offer protective value to upland property, consistent with the State definition. The primary dune may be separated from the frontal dune by an interdunal trough; however, the primary dune may be considered the frontal dune if located immediately landward of the beach. Prop roots means the structures originating below the lowest limbs of red mangroves, and which are also known as stilt roots. Rate means volume per unit of time or area. Removal means to relocate, cut down, remove, or in any other manner destroy or cause vegetation to be destroyed.
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Retention means the collection and storage of runoff without subsequent discharge to surface waters. Runoff coefficient means ratio of the amount of rain that runs off a surface to that which falls on it; a factor from which runoff can be calculated. Sediment means the mineral or organic particulate material that is in suspension or has settled in surface waters or groundwaters. Sediment related pollutants means substances such as nutrients, pesticides, pathogens, and organic materials that are transmitted with, or in association with, sediment. Shrub means a self-supporting, woody plant full to the ground with three or more branches produced from the ground which could be maintained in a healthy state to the height indicated on the landscape plans. Structure means anything constructed or erected, except for fences, the use of which requires any type of permanent location on the ground or attached to something having a permanent location on the ground, and shall include but not be limited to signs, walkways or types of construction with interior surfaces not normally accessible for human use. Substantial improvement means any combination of repairs, reconstruction, alteration, or improvements to a building, taking place during a one-year period in which the cumulative cost equals or exceeds 50 percent of the market value of the structure prior to the improvement. The market value of the building should be: (1) The appraised value of the structure prior to the start of the initial repair or improvement, or (2) In the case of damage, the value of the structure prior to the damage occurring. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications which have been pre-identified by the code enforcement official and which are solely necessary to assure safe living conditions. Surface water means water above the surface of the ground whether or not flowing through definite channels. Temporary Irrigation System is one which is not to be supplied by buried polyvinyl chloride (PVC), Polyethylene (PE), Copper Tubing or any other direct buried piping. Tree means any living, self-supporting woody perennial plant, together with its root system, growing upon the earth, usually one trunk or multi-trunk with diameter of at least 1 ½ inches measured at DBH. (A) Tree, dicotyledonous (Dicot) is a tree having a woody stem, branches, and leaves with net venation and having a separate, distinct outer bark which can be peeled from the tree. (i) Shade/canopy tree: Shade/canopy tree shall be a minimum overall height of 14 feet, 6 feet spread, 2.5 inches DBH and 5 feet clear trunk. (ii) Intermediate trees: Intermediate trees shall be a minimum overall height of 12 feet, 5 feet spread, 2 inches DBH and 4.5 feet clear trunk.
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(iii) Small trees: Small trees shall be a minimum overall height of 10 feet, 4.5 feet spread, 1.5 inches DBH and 4 feet clear trunk. (B) Tree, monocotyledonous (Monocot) is a palm or tree having fronds with parallel venation and no true woody bark.
Trim or trimming of vegetation means to cut branches, twigs, limbs and foliage, but does not mean to remove, defoliate or destroy. Trimming does not include the cutting of prop/aerial roots. Turf means continuous plant coverage consisting of grass species suited to growth in the county as listed in Section 66-.285(79)(j). Untrimmed mangrove means a mangrove that has not been trimmed over two successive growing seasons. Vegetation means plant life that includes but is not limited to trees, palms, shrubs, groundcover, vines, and turf. Vehicular encroachment is any protrusion of a motor vehicle outside of the boundaries of a vehicular use area into a landscape area. Vehicular use area (VUA) means an area used for loading, circulation, access, storage, parking, or display of any type of vehicle, boat, or construction equipment whether self-propelled or not. Very drought tolerant means vegetation that can survive without supplemental irrigation after establishment. Vine means any plant with a long, slender stem that trails or creeps on the ground or climbs by winding attaching itself on a support. Wetlands means hydrologically sensitive areas that are identified by being inundated or saturated by surface water or groundwater with a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands shall also be defined as those areas within the regulatory jurisdiction of the department of environmental regulation protection pursuant to Sections 62-340.100 through 62-340.550, F.A.C., as ratified by Section 373.4211, F.S., as well as in accordance with the 1987 U.S. ACOE Wetland Delineation Manual. pursuant to F.S. ch. 403 and F.A.C. rules 17-3, 17-4, and 17-12. Wetlands generally include swamps, marshes, bogs and similar areas. Window means a visual corridor through vegetation between upland properties and the waterfront. Vine means any plant with a long, slender stem that trails or creeps on the ground or climbs by winding itself on a support. (Code 1982, § 11.5-2) Cross references: Definitions generally, § 1-2.
Sec. 66-3. Enforcement and penalties. (a) Generally. Unless otherwise provided, violations of this chapter are punishable as follows: (1) Any person who violates any provision of this chapter shall be punished as provided in section 1-14. (2) Each individual mangrove unlawfully altered under the provisions of this chapter Comment [VC3]: Staff reviewing to determine if shall constitute a separate offense. this is still needed in light of the removal of mangrove requirements in the code due to state pre-emption.
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(3) Violators may also be prosecuted under the provisions of chapter 2, article V of this Code, relating to town code enforcement. (4) In addition to other penalties provided by law, appropriate reforestation, as approved in a shoreline management plan, shall be required for violation of this chapter. (5) No development approvals shall be issued to any violators of this chapter until the violation has been determined to be resolved by the planning, building and zoning department. (6) No alteration shall be permitted for five years on mangroves that have been planted to abate a violation of this chapter. (7) The selection of any of the above penalties shall not preclude the town from seeking relief in the circuit court of the county, by way of injunction or other relief. (b) Payment of costs. Violators of this section shall pay for all costs to the town for the review of any reforestation or other mitigation plan implementation conducted by the town. (Code 1982, § 11.5-24(f), (g)) Secs. 66-4--66-35. Reserved.
ARTICLE II. SHORELINE AND COASTAL VEGETATION MANAGEMENT PLAN Comment [PZB4]: Additional changes to this article are currently under review. Sec. 66-36. Findings. The town recognizes the following environmental values of native shoreline habitat along Lake Worth and the coastal beach:
(1) Native wetland shoreline and upland vegetation: Comment [SL5]: Should not just be limited to wetland vegetation; transitional and upland a. Helps to protect the shoreline against erosion. vegetation should not be excluded. b. Provides habitat for a diverse community of plants and animals, including species listed by the state as endangered, threatened, and of special concern. c. Plays a fundamental role in estuarine nutrition by producing concentrations of organic matter that is utilized by marine organisms within the estuarine food web. d. Provides a nesting and resting ground for species of migratory birds. e. Is aesthetically appealing and can be reasonably incorporated as an asset into the landscaping of waterfront residences. (2) Certain pestilent exotic vegetative species have spread rapidly in the town, displacing and degrading native vegetation and creating ecologically undesirable monocultures. (3) Upland areas directly adjacent to shorelines can degrade natural shoreline communities when they contain pestilent exotic species with invasive qualities. (4) When placed along existing bulkheaded shores, riprap provides valuable habitat where there was none before by acting as a rocky substrate for shoreline vegetation and other shoreline organisms. (5) Coastal dunes provide the first defense against wind and waves. (6) Coastal dune vegetation, including salt tolerant plant species such as sea oats, railroad vine, sea rocket, and sea grapes, aid in stabilizing beach and dune systems and promoting wildlife habitat areas.
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(7) Coastal dunes have been degraded by beach erosion and pestilent exotic species. (8) Some damaged coastal dune habitat can be restored.
(Code 1982, § 11.5-36)
Sec. 66-37. Purpose and intent. (a) It is the purpose and intent of this article to prevent degradation or loss of native Lake Worth shoreline habitat, and native beach habitat, and to encourage restoration and improvement of these degraded habitats through programs of exotic removal and planting of beneficial native vegetative species. (b) This article should be used in conjunction with the vegetative provisions of this chapter, Article IV. (c) It is the intent and purpose of the town to provide for restoration of native dune systems wherever such opportunities exist. (Code 1982, § 11.5-37)
Sec. 66-38. Priorities for shoreline land use. Comment [PZB6]: Relocated to Sec. 66-1. When reviewing applications for rezoning or amendments to the town's comprehensive plan, shoreline land use shall have the following priorities: (1) Water-dependent uses such as production or protection of fish, shellfish and wildlife; protection or conservation of coastal and natural resources; recreation, public access, navigation and water-dependent utilities; provided they have no significant adverse impact upon the land, waters or adjacent land uses. (2) Water-related or water-enhanced uses such as recreation and water-related utilities. (3) Scenic waterfront communities. (4) Uses that are not water-dependent or water-related that do not result in a diminution of coastal resources, and that are compatible with existing or committed uses in the town. (Code 1982, § 11.5-81)
Sec. 66-3938. Requirements. A shoreline management plan and permit is required whenever: (1) Alteration or removal of native salt tolerant plants within the beach and dune system, including sea grapes, mangroves is requested; or (2) Native salt tolerant plantsMangroves within the beach and dune system, including sea grapes, have been altered or removed in violation of this chapter. (3) Written evidence is to be provided by the Town of Palm Beach having jurisdiction over the activity, that a proposed coastal activity, as submitted to either the state or federal regulatory agencies, does not contravene local setback requirements or zoning codes; or (4) Written evidence is to be provided by the Town of Palm Beach having jurisdiction over the activity, that a proposed coastal activity, as submitted to either the state or federal regulatory agencies, is consistent with the state-approved Town Comprehensive Plan. (53) Alteration or removal of native shoreline vegetation along Lake Worth is requested.
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(64) Native Shoreline vegetation along Lake Worth has been altered or removed in violation of this Chapter. (Code 1982, § 11.5-38)
Sec. 66-4039. Shoreline management plan. The shoreline management plan shall include at a minimum, when applicable: (1) Existing conditionsA survey of the shoreline area showing the location and identification, by common and species names, of all native and exotic vegetation. The mapped area shall include the intertidal area as well as the area 15 feet upland of the mean high tide line. (2) A dimensioned site map showing proposed alterations, including plan view, cross section view, and landscaping. (3) A map showing proposed mitigation and/or monitoring locations. (4) Grading plan. Elevations referenced to National Geodetic Vertical Datum (NGVD) of 1929, with a local conversion reference table to North American Vertical Datum (NAVD) of 1988. (54) A written description of the proposed alteration and the proposed compensation and/or mitigation. (65) An anticipated time construction schedule for requested activity, including commencement date of alteration and completion date of alteration. (7) A fee, in an amount as established by resolution adopted by the town council and amended by resolution of the town council in accordance with the schedule of fees adopted by resolution of the Ttown Ccouncil, shall be implemented cost commensurately with the review and actions necessary by Ttown staff. (8) Narrative of the proposed monitoring program and schedule. (9) Narrative of the proposed maintenance plan and schedule as specified in Sec. 66-47. (103) Written evidence is to be provided by the Town of Palm Beach having jurisdiction over the activity, that a proposed coastal activity, as submitted to either the state or federal regulatory agencies, does not contravene local setback requirements or zoning codes; or (411) Written evidence is to be provided by the Town of Palm Beach having jurisdiction over the activity, that a proposed coastal activity, as submitted to either the state or federal regulatory agencies, is consistent with the state-approved Town Comprehensive Plan. (Code 1982, § 11.5-39)
Sec. 66-4140. Standards. (a) No alteration of native shoreline communities along Lake Worth shall occur without provision of some compensatory benefit to the shoreline habitat on the property as set forth in section 66-412. (b) All new development or redevelopment adjacent to the Atlantic Ocean shall be required to restore dune habitat when feasible, as determined by the Public Works Director or his designee. (a)(c) Dune restoration shall be in accordance with section 66-81 et seq. and resolution number 37-89, which provide for the alteration of dune vegetation (Code 1982, § 11.5-40)
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Sec. 66-4241. Compensatory benefits. (a) Inclusion. Compensatory benefits shall include one or more of the following: (1) Replacement of pestilent exotic species in the shoreline area with native shoreline vegetation; (2) Planting native shoreline vegetation in unvegetated areas; or (3) Placement of riprap along bulkheaded shorelines and vegetating the riprap with mangroves. (b) Exemptions. Applicants with shorelines that are more than 85 percent vegetated with mangroves or other native wetland shoreline vegetation, and are not degraded by the presence of exotic species, shall be permitted to trim or remove any presence of exotic species, and shall be permitted to trim view windows without compensatory measures, but such trimming must meet the other requirements of this chapter and applicable State requirements. (dc) Guidelines for dune restoration feasibility determination. Dune habitat shall be restored when: (1) Native vegetation has been degraded by pestilent exotics or means other than erosion of the beach; or (2) Significant beach and dune materials exist such that dune habitat can be restored and maintained. (Code 1982, § 11.5-41)
Sec. 66-432. Mangroves trimming. Prior to the commencement of any mangrove alteration or removal, permits and approvals required by other federal, state and local agencies must be obtained, and copies must be made available to town officials when requested. submitted to the town planning, zoning and building department. No person shall alter, allow or cause to be altered any mangrove in the town without first obtaining approval of a shoreline management plan and receiving a permit from the planning, zoning and building department. Trimming of mangrove windows for visual access is permitted under the following conditions: (1) No more than 20 percent of naturally vegetated shoreline area may be trimmed as windows. (2) Window areas must be established in the management plan. Once established, window areas may be maintained as part of an approved shoreline management plan. (3) Established window areas may not be moved without the authorization of the town building official or his designee. (4) An area twice the area of the window shall be restored by one or more of the methods described in section 66-42. (5) Nonwindow areas shall be left untrimmed. (Code 1982, § 11.5-42)
Sec. 66-43. Same--Prohibited alterations.
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Alterations to mangroves are regulated within Sections 403.9321-403.9334, Florida Statutes, as enacted by Florida Legislature through the 1986 Mangrove Trimming and Preservation Act as amended.
Sec. 66-44 Same--Exemptions. Mangrove removal. No approval under this subdivision shall be required for: (1) Alteration by a state licensed land surveyor in the performance of his duties, provided such alteration is the minimum necessary and is limited to an area three feet or less in width. (2) Alteration by a waterfront property owner who desires to alter mangroves that were voluntarily planted as part of an approved shoreline management plan, provided that such planting was not required for remedial purposes or as part of any prior development approval, and the alteration is specified by the shoreline management plan. Mangrove removal must meet the following requirements: (1) Mangrove removal must meet all the conditions of this chapter. (2) When total removal is requested, the applicant must provide a mitigation strategy. This strategy must include, at a minimum: a. Replanting of not less than three times the total land area proposed for alteration at the following mitigation rates: 4:1 for forested wetlands; 2:1 for herbaceous wetlands. b. Description of species and spacing. c. The location of the reforestation, its elevation, and all surrounding vegetation. d. A performance bond guaranteeing the success of the reforestation. (3) Mangroves used for reforestation purposes shall be grown in pots no smaller than three gallons, have no fewer than two lateral branches, and be a minimum of four feet in height at the time of planting. (4) No alteration shall be permitted for five years for mangroves that have been planted to abate a violation of this chapter. Otherwise, planted mangroves may be altered after they reach a height of six feet or higher. (5) Salt marsh vegetation may be used in high energy areas in front of mangrove plantings, as part of required mitigation. (Code 1982, § 11.5-43)
Sec. 66-45 Other than mangroves--Prohibitions. Comment [PZB7]: Modifications to this section may occur during the review of Article II. (PZB has No person shall alter, allow, or cause to be altered any nonmangrove wetlands without first processed dune permits in past, prior to the obtaining a permit from the town planning, zoning and building department. establishment of the coastal coordinator position).
Sec. 66-46. Same--Standards for approval or denial of application. (a) No wetlands shall be altered without permits from appropriate federal, state and local agencies. (b) Compensatory wetland mitigation shall require that the amount of wetlands purchased, created, enhanced or restored be large enough to assure that the amount of wetlands destroyed or degraded will be completely and successfully replaced.
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Sec. 66-4547. Phasing. A Phasinged removal plan is allowed encouraged for shorelines with extensive exotic invasion. Time periods and precise activities shall be specified. (Code 1982, § 11.5-44)
Sec. 66-4648. Removal of pestilent exotics. (a) Removal must be arranged so as to prevent damage to adjacent native ecosystems whenever possible. (b) An herbicide approved by the town planning, building and zoning department may be used for Brazilian pepper when it is applied by a qualified professional. Comment [VC8]: This may be better placed within the duties of the urban forester. (Code 1982, § 11.5-45)
Sec. 66-474449. Maintenance. Property owners are responsible for maintenance of vegetation as specified in the shoreline management plan. (Code 1982, § 11.5-46) Secs. 66-4850--66-80. Reserved.
ARTICLE III. SAND AND DUNE REMOVAL OR ALTERATION Comment [PZB9]: This Article is currently under review to determine the need for Dune Permits from the Town, in light of the State requirements DIVISION 1. GENERALLY for dune permits. Staff is currently reviewing these issues, which could result in proposed changes to this Article. Sec. 66-81. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alteration means any removal, addition, or moving of sand, and/or any removal or addition of vegetation of any kind, either by way of planting or transplanting such vegetation, destruction of such vegetation, or the pruning or cutting of vegetation. Crest of the existing dune line means the highest point in elevation of the primary natural dune. Dune means a mound,natural hill, bluff, or ridge of windblown sand loose sediments, usually sand-sized sediments, lying landward of the beach, deposited by any natural or artificial mechanism, subject to fluctuations in configuration and location, which may be bare or covered and and marine deposits formed by action of the wind and water, often stabilized by vegetation indigenous to this formation, including but not limited to sea oats, herbs, woody vegetation, and other growth common to the beach area adjacent to the coastline. (See Primary natural dune. ) Excavation means removal of soil, sand or vegetation by the process of digging, scooping or hollowing out. Frontal dune Primary natural dune means the hill or ridge of wind-blown sand located furthest east (seaward). (See Dune. )
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Materially altered means any construction, excavation or building that has an adverse effect upon the ecological integrity of the dune seaward of an existing seawall, the control of beach erosion, hurricane protection, coastal flood control, the shoreline, and/or offshore deposits of sand. Motor vehicle means any self-propelled wheeled conveyance. Primary natural dune means the hill or ridge of wind-blown sand located furthest east (seaward). (See Dune. ) Primary natural dune is a dune which has sufficient alongshore continuity to offer protective value to upland property, consistent with the State definition. The primary dune may be separated from the frontal dune by an interdunal trough; however, the primary dune may be considered the frontal dune is located immediately landward of the beach. Structure means anything constructed or erected, except for fences, the use of which requires any type of permanent location on the ground or attached to something having a permanent location on the ground, and shall include but not be limited to signs, walkways or types of construction with interior surfaces not normally accessible for human use. (Code 1982, § 6-36(b)) Cross references: Definitions generally, § 1-2.
Sec. 66-812. Motor vehicles. No person shall drive any motor vehicle on, over or across any sand dune, except when authorized in advance by the town's director of public safety building official to traverse a specific portion Comment [PZB10]: Responsibility for this of dune in the performance of town-approved activities upon adequate documentation, and no adverse approval to be confirmed. impacts are done to the dune. (Code 1982, § 6-36(k)) Cross references: Traffic and vehicles, ch. 118.
Sec. 66-823. Beaches; removing sand or earth. It shall be unlawful for any person to take or remove from the ocean beach within the limits of the town any sand or earth. (Code 1982, § 13-11)
Sec. 66-834. Public nuisances. Any activity subject to the requirement to obtain a class I, II or III permit as set forth in section 66-123 conducted in violation of the provisions of this article is declared to be a public nuisance. Any such violation is subject to the penalty provisions set forth in this article. In addition, the town may require site restoration and/or mitigation of the violation's impact in a manner determined by the town to be appropriate for the site, type and magnitude of violation. If such restoration and/or mitigation is not accomplished within a reasonable time as directed, the town may enter the property and accomplish the restoration and/or mitigation at its own expense, and the costs shall be recovered by the town through become an assessment lien upon the property of the upland owner upon which the violation occurred. (Code 1982, § 6-36(l))
Sec. 66-845. Existing structures and previously developed properties.
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The provisions of this article shall not apply to: a) property located in the beach area zoning district.
b) and sStructures existing or under construction prior to the effective date of the ordinance from Comment [PZB11]: This is proposed as a which this section was derived in all group R, residential zoning districts which have not been ; however, clarification of existing code language. such existing structures and those structures under construction, once complete, shall not be materially altered as defined in section 66-281. (Code 1982, § 6-36(m))
Sec. 66-856. Appeal. (a) Appeals to the town council may be taken by any person aggrieved or by any officer, board or bureau of the town affected by any decision of an administrative official under any provision of this article. Any person appealing any decision of an administrative official shall make such appeal within 30 days after rendition of the order, requirement, decision or determination from which such appeal is taken, or the right to appeal shall be barred. Such appeal shall be in writing to the town council with ten copies thereof filed with supporting facts and data with the building official. Appeals shall be accompanied by proper exhibits, which shall be timely filed, and shall Comment [PZB12]: The responsible official will include plans, documents and other materials to adequately depict and support the appeal. Upon be identified where appropriate as final receipt of the appeal: recommendations for changes to this article are developed. (1) The building official shall forthwith examine such appeal and endorse his recommendation thereon together with all documents, plans, papers or other materials constituting the record upon which the action appealed from was taken. (2) All appeals will be heard at regular meetings of the town council unless otherwise ordered by the town council. (3) Postponement requests for deferred action on any appeal will be granted for one month only (or the next succeeding regular town council meeting, if that should occur on a different date) except for good cause shown. (4) When an appeal is deferred or postponed because the town council determines that additional professional advice is necessary, the expense of obtaining such additional professional advice shall be borne by the appellant. The person to render or give such additional professional advice shall be selected by mutual agreement of the town and the appellant. (b) An appeal to the town council stays all work on the premises that is in furtherance of the action appealed from unless the official from whom the appeal was taken shall certify to the town council that, by reason of facts stated in the certificate, a stay would cause imminent peril to life and property, in which case, proceedings or work shall not be stayed except by a restraining order, which may be granted by the town council or by a court of competent jurisdiction on application, on notice to the officer from whom the appeal is taken, and on due cause shown of imminent peril to life and property. (Code 1982, § 6-36(n))
Sec. 66-867. Penalty. Any person violating this article, upon conviction, may be punished as provided in section 1-14. Such person may be deemed guilty of a separate offense for each day during any portion of which any violation of this article is committed or continued. Violators also may be prosecuted under the code enforcement provisions of chapter 2, article V, of this Code. In addition to remedies available under
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chapter 2, article V, of this Code, the code enforcement board may require site restoration. The selection of any of the penalties in this section shall not preclude the town from seeking relief in the circuit court of the county, by way of injunction or other relief. (Code 1982, §§ 6-36, 13-10) Secs. 66-878--66-120. Reserved.
DIVISION 2. PERMIT
Sec. 66-121. Required. (a) It is unlawful for any person to remove, alter, destroy or damage any existing dune or the vegetation thereon in the town, except after approval of a permit application submitted to the town, in accordance with the provisions of section 66-123. (b) No person shall alter, damage or cause to be damaged any sand dune or any vegetation (excluding lawns) growing seaward of a line 25 feet landward of the crest of the primary natural dune, without first having obtained from the town a class I, II, or III permit, as set forth in this division, in all zoning districts unless specifically exempted. (c) Beach compatible sand excavated from the coastal system may not be placed landward of the designed 25-foot setback established from the crest of the primary natural dune. (Code 1982, §§ 6-36(a), 13-10(a); Ord. No. 15-97, § II, 12-9-97)
Sec. 66-122. Classification of permits. There shall be three classifications of permits that will be issued in accordance with the terms of this division: (1) Class I permits shall be applicable to all activities that are subject to the requirement to obtain a permit under this division that are not included in the definition of class II and III permits. (2) Class II permits shall be applicable to routine dune maintenance activities such as trimming, pruning, minor additions of vegetation and/or sand, and other activities as specified in the town's guidelines for routine dune maintenance. These guidelines shall be formally approved by the town council and shall be amended or readopted at least annually. The guidelines shall include but not be limited to a list of approved vegetation for planting in the dune, which list may be amended by the town's building official on the advice of the town's dune consultant. The guidelines also shall include specified trimming techniques and activities approved by the town council for administration permit approval. Any activity regulated by this section and not included in the town's guidelines shall be subject to the class I permit application process. Under no circumstances shall a class I permit allow existing vegetation to be lowered to a height less than 3.5 feet. (3) Class III permits shall be applicable to emergency dune repairs and shall be issued administratively in accordance with the application requirements specified in this division, including the approval of such emergency activities by the appropriate state, county and/or federal authorities as may be required. (Code 1982, § 6-36(c))
Sec. 66-123. Application requirements.
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(a) Class I permit. Applications for class I permits under this section shall be accompanied by a Comment [VC13]: The need for Town oversight nonrefundable application fee in an amount as established by resolution adopted by the town of dune activities, beyond what is regulated by the council and amended by resolution of the town council of $3,500.00 for major projects (involving State, is currently being reviewed. Final recommendations may affect these sections. town staff and town consultant's preinspection, recommendation, and follow-up inspection) and $1,400.00 in an amount as established by resolution adopted by the town council and amended by resolution of the town council for minor projects (involving town staff and town consultant's review and recommendation only). Such applications shall also be subject to a permit fee consistent with the building permit fee schedule published by the town's building department, payable at the time of permit issuance. Applications for class I permits shall describe the property upon which the work is to be performed, and shall show the existing and proposed elevations of such property. Detailed construction plans shall be submitted with such applications, shall be of a scale not smaller than one inch equals 40 feet, and shall specify the nature and extent of the proposed work to be performed and remedial measures proposed to assure protection against inundation and erosion and to assure the maximum ecological integrity of the dune system. Such applications must be signed by the owner of the property upon which the work is to be performed (in the case of a condominium, by the president of the condominium association). Documentation of state, county and/or federal approvals of the proposed work in the form of permits for the work as may be required must be provided to the town prior to the issuance of a town permit. When an application is filed, the town applicant shall give notice in accordance with town procedures, to all property owners owning oceanfront land within 1,000 feet of the land described in the application at the last known address of the owners of record, pursuant to the records of the county property appraiser. If such neighboring property owner is a condominium, the town applicant shall give notice to the condominium association. The notice shall be given at least 15 days prior to a public hearing to be held by the town council in regard to the application; the town's building official also shall cause notice of the public hearing to be published in a newspaper of general circulation in the county at least once a week for two weeks prior to the public hearing. (b) Class II permit. Applications for class II permits under this section shall be accompanied by a nonrefundable application fee in an amount as established by resolution adopted by the town council and amended by resolution of the town council of $700.00 for beach/dune trimming applications and $140.00 for all other class II applications. Such applications shall also be subject to a permit fee consistent with the building permit fee schedule as published by the town's building and zoning department, payable at the time of permit issuance. Applications for class II permits shall describe the property upon which the work is to be performed, and shall specify the proposed work to be performed and remedial measures proposed to assure protection against inundation and erosion, and to assure the maximum ecological integrity of the dune system, in accordance with the town's approved guidelines for routine dune maintenance. Such applications must be signed by the owner of the property upon which the work is to be performed (in the case of a condominium, by the president of the board of directors of the condominium association) and must include documentation of state, county, and/or federal approvals of the proposed work in the form of permits for said work as may be required. (c) Class III permit. Applications for class III permits under this section shall describe the property upon which the work is to be performed, shall specify the nature and extent of the proposed work to be performed, shall be signed by the owner of the property upon which the work is to be performed (or the owner's duly authorized representative), shall include documentation from the state department of environmental protection natural resources identifying that an emergency condition exists at the site in question, and shall include documentation of state, county and/or federal approvals of the proposed work in the form of permits for the work as may be required. There shall be no application fee for a permit for a class Comment [VC14]: State approval cannot be III activity. required prior to issuance of a permit, per recent legislation. This wording will change in final drafts.
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(Code 1982, § 6-36(d); Ord. No. 25-95, § 1, 11-14-95; Ord. No. 17-07, § 1, 10-4-07)
Sec. 66-124. Issuance restricted. No permit shall be issued where it appears that the proposed excavation, filling or removal of sand and/or the destruction, damaging, pruning or cutting of natural vegetation will result in the probable erosion or inundation of surrounding beaches, banks, dunes, and adjacent lands, or endanger the public safety, or adversely affect the stability of the existing dune structure, or adversely affect the ecological integrity of the dune system. (Code 1982, § 6-36(e))
Sec. 66-125. Bond. Prior to the issuance of a class I, II or III permit under this section, the town may require the applicant to obtain and deposit with the town a good and sufficient performance bond in an amount of as established by resolution adopted by the town council and amended by resolution of the town council which represents a135 percentage of the estimated total project cost, as approved by the town, and in a form to be approved by the town attorney, such bond to be conditioned upon the applicant faithfully completing all work that may be required for the protection of the ocean dunes, banks and beaches against inundation and erosion. (Code 1982, § 6-36(f))
Sec. 66-126. Work to be performed by certain persons. Any work permitted under this article, pursuant to the approval of an application by the town council, and relating to the vegetation within or on the dunes shall be accomplished by a town registered landscape maintenance company, and supervised by a state licensed coastal professional engineer, state licensed landscape architect, or other consultant with expertise in dune systems management. approved by the town's building official. (Code 1982, § 6-36(g)) Secs. 66-127--66-150. Reserved.
DIVISION 3. WAIVERS AND VARIANCES
Sec. 66-151. Procedures.
(a) All applications for a waiver or variance from the setback line in section 66-177 or from the Comment [SL15]: Reference numbers may jurisdictional limitations identified under section 66-123, in accordance with the provisions set change upon final draft of document out below, shall be made in writing to the building official, together with an application fee in an amount as established by resolution adopted by the town council and amended by resolution of the town councilof $375.00. Such applications, in order to be considered, must set out in detail the grounds upon which the waiver or variance is sought and contain sufficient engineering and environmental data to substantiate the applicant's claim. Applications for waivers or variances, in Comment [VC16]: If these sections remain in order to be considered, shall contain the names and last known addresses of the owners of record final proposed changes, the applicant may be (pursuant to the records of the county property appraiser of all oceanfront property within 1,000 required to issue the notices, and provide an affidavit of having done so, as is done with other feet of the land described in the application. If such neighboring property owner is a applications to the Town. condominium, the applicant shall provide the name and last known address of the condominium association.
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(b) The building official shall examine all applications for waivers or variances properly made and, after consultation with other members of the town staff and/or the town's consultant, shall make a recommendation for or against such application to the town council. The town manager shall then cause the application for waiver or variance to be placed before the town council at a public hearing not less than 30 days after the town's receipt of the application for waiver or variance. The public hearing shall be for the purposes of consideration by the town council of the application for waiver or variance, the recommendation of the building official, and the statements and recommendations of all interested parties and the general public, upon which consideration the town council shall decide to either grant or deny the application for waiver or variance. (c) The building official shall give notice in writing to the applicant and to all owners of record (pursuant to the records of the county property appraiser) of all oceanfront property within 1,000 feet of the property for which a waiver or variance is sought at least 15 days prior to the public hearing; where such neighboring property owner is a condominium, the building official shall give notice to the condominium association. If such neighboring property owner is a condominium, the applicant shall provide the name and last known address of the condominium association. The building official shall cause notice of the public hearing to be published in a newspaper of general circulation in the county at least once a week for two weeks prior to the public hearing. (Code 1982, § 6-36(j)(1))
Sec. 66-152. Conditions. (a) The town council shall authorize the excavation or erection of a structure at any coastal riparian location where, through the presentation of adequate engineering data, it can be demonstrated that such excavation or erection would have no adverse effect upon the ecological integrity of the dune, the control of beach erosion, hurricane protection, coastal flood control, the shoreline, and/or offshore deposits of sand. (b) If in the immediate contiguous or adjacent area a number of existing structures have established a reasonably continuous and uniform construction line closer to the line of mean high water than the designated setback line, and if the placement of those existing structures has not had an adverse impact upon rare, threatened or endangered vegetation; contributed to beach erosion; interfered with hurricane protection; obstructed coastal flood control; nor adversely affected the shoreline and/or offshore deposits of sand, the town council may grant a waiver or variance. The applicant shall sustain the burden of demonstrating the continuity and uniformity of a construction line different from the designated setback line and the absence of adverse effects as described in this section. (Code 1982, § 6-36(j)(2)) Secs. 66-153--66-175. Reserved.
DIVISION 4. REGULATIONS AND REQUIREMENTS
Sec. 66-176. Grading and leveling site after removal. Any person granted a permit pursuant to division 2 of this article, and who removes or excavates sand for any reason from the ocean beach or the adjacent dunes within the setback area described in section 66-177, shall place such sand on the Atlantic Ocean beach in the area in front of which it is being
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removed and shall contour such sand in a manner so as to be compatible with the surrounding beach area. A waiver to this requirement may be granted at the discretion of the town's building official. (Code 1982, § 6-36(h))
Sec. 66-177. Setback lines. (a) In all zoning districts except the beach area zoning district and properties with seawalls at elevation 14.34 feet National Geodetic Vertical Datum (NGVD), no person shall construct any Comment [VC17]: This section will be reviewed primary structure seward seaward of a line 25 feet landward of the crest of the primary natural for conformance to recent changes to Chapter 62. dune, nor construct any structure whatsoever (with the exception of state approved dune walkovers or fences) seaward of a line 15 feet landward of the crest of the primary natural dune as defined in this section, nor make any excavation, remove any beach material, or otherwise alter existing ground elevations in a manner not applicable to a class II or III permit as described herein seaward of a line 15 feet landward of the crest of the primary natural dune. When the dune occurring west of the crest of the primary natural dune is less than elevation plus 14.34 feet National Geodetic Vertical Datum, then a bulkhead must be constructed in conjunction with development of the property landward of such dune, across the width of the subject property at a location approved by the town. (b) Properties located in the beach area district shall comply with setbacks as prescribed by sections 134-1471 and 134-1701. (c) In all zoning districts, properties which have an existing seawall at an elevation less than 14.34 feet National Geodetic Vertical Datum shall have such seawall raised to a minimum elevation of 14.34 National Geodetic Vertical Datum in conjunction with any development of the property. Setbacks for such properties shall be measured from the town's bulkhead line as defined in this article. (Code 1982, § 6-36(i); Ord. No. 15-97, § II, 12-9-97) Secs. 66-178--66-210. Reserved.
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ARTICLE IV. VEGETATION
DIVISION 1. GENERALLY
Sec. 66-211. Findings. It is found and determined that: (1) Landscaping promotes the health, safety and welfare of the community by absorbing carbon dioxide and returning oxygen to the air; precipitating dust and other articles in the air; providing wildlife habitat; providing soil stabilization; making the built environment more attractive; and helping to abate noise. (2) Proper landscaping and irrigation techniques can result in significant water conservation. (3) Landscaping provides a positive aesthetic value to the town. (4) Native shoreline ecosystems provide valuable shoreline stabilization and protection, wildlife habitat, and maintenance of environmental quality. (5) Pestilent exotic species constitute a nuisance in the town because: a. They have spread rapidly to many areas of the town, displacing the diverse native Florida vegetation and associated wildlife habitat, and creating ecologically undesirable vegetative monocultures. b. They can have adverse effects upon human health and pose safety hazards during high wind conditions. c. The health, safety and welfare of the present and future residents of the town are benefited by minimizing degradation of the native ecological systems of the town. (6) Various plant species having aesthetic, ecological, educational, historical, recreational, economic or scientific value that have been classified as endangered, threatened or species of special concern and should shall be protected.
Sec. 66-212. Purpose and intent. It is the intent of the town to promote the health, safety and welfare of existing and future residents of the town by protecting, preserving, and enhancing the natural environment and beauty of the town by establishing minimum standards for the protection of natural plant communities, and the installation and continued maintenance of landscaping within the town, in order to: (1) Promote air and water conservation and increaseimprove air quality by promoting evapo- transpiration and through the use of permeable land areas for aquifer recharge and surface water filtration. (2) Maintain and improve the aesthetic appearance of the town. through appropriate landscape design; thereby protecting and increasing property values throughout the community. Increase the economic value of land by serving as a capital asset when properly incorporated into site design. (3) Improve the environmental quality of the townTown. (43) Reduce buffer noise and pollution by designing landscaping to visually screen unsightly views, reduce noise impacts from major roadways and incompatible uses and strengthen important vistas and reinforce desirable neighboring site design. through the filtering capacity of
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living trees and vegetation. Provide a visual buffer between otherwise incompatible types of land uses. (54) Promote the use of vegetation for energy conservation by encouraging cooling through the provision of shade and channeling of breezes, thereby helping to offset global warming and local heat island effects through the added absorption of carbon dioxide and reduction of heat islands.energy conservation through the reduction of heat gain through the creation of shade and breezes. (65) Conserve freshwater resources through the use of Florida-friendly drought-tolerant plants, grouping of plant material by water requirements, the use of irrigation systems that conserve the use of potable and non-potable water supplies and restrictions on the amount of sod areas. and mulch, promoting the planting of less sod and water efficient irrigation systems. (746) Eradicate or control certain invasive exotic plant species as listed on the most up to date list provided by the Florida Exotic Pest Plant Council’s invasive plant list, as amended. (857) Protect and encourage native shoreline and wetland ecosystems. (968) Offer special guidelines for the removal and control of those pestilent exotic species that are particularly deleterious to native shoreline environments. (1079) Protect listed plant species that inhabit the town. Refer to Sec. 66.312.
Sec. 66-213. Definitions Comment [PZB18]: All definitions have been moved to the front of the Chapter. Clear wood when referring to palms means grey wood and does not include green wood.
Essential element means any element of a landscape plan which is determined by the Architectural or Landmark Preservation Commissions as being mandatory and upon which an approval is predicated. Changes to essential elements cannot be made without approval from the respective Commission.
Dbh means diameter at breast height (4.5 feet or 1.37 meters).
Grey wood & Clear wood means the portion of a palm trunk which is mature hardwood measured from the top of the rootball to the base of the green terminal growth, when referring to palms means that wood below the fronds and any sheath, nut or boot.
Hat-racking occurs where entire tops of trees or main stems are removed, generally by cross- cutting the main stem(s) or leaders, leaving large unsightly stubs.
Overall height means the height of a tree from the ground level to the top of the foliage.
Tree means any living, self-supporting woody perennial plant, together with its root system, growing upon the earth, usually with one trunk of at least three inches in diameter at a height of 4 ½ feet above the ground or a multistemmed trunk system with a definitely formed crown.
Sec. 66-2143. Applicability. (a) Theis provisions of this article shall be applicable to and be considered minimum standards for on private property and shall be applicable in those areas where vegetation apply to installation or removal activities are proposed which consist of the following:
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(1) New construction projects, or projects with a construction value of 50% or more of the total value of the principle structure. In this instance, the provisions contained in this article apply to the entire project. any Nnew construction occurs on vacant lots development or construction projects are proposed that have a value of 50 percent or greater of the assessed value of the all building(s) on a site redevelopment. Provisions relating to tree removal or Comment [PZB19]: This sentence moved to (b) wetland protection apply to existing development, as noted. below… (2) Where the value of the landscaping project, including, but not limited to contractor, subcontractor and owner/designer supplied labor and materials, and all associated overhead, supervision and profit, is $50,000 or more. (3) Where the area affected by the proposed changes in vegetation (removal, relocation, or addition): i. cConstitutes 25% or more of the existing landscaped open space (but not less than 1,000 square feet) of the lot, as defined in Chapter 134, of the lot, or ii. Is within 10’ of any side, or rear, side-street, or rear-street property line that is adjacent to another property and a. tThe opacity of the existing screening would be diminished, or b. mMaterially changes the landscaping of over 50% of the lineal footage of a property line., orat least 25 lineal feet is affected iii. Is within an existing easement where no easement agreement exists or where the proposed changes are not in conformance to an existing agreement, or where the proposed changes encroach into site triangles, or drainage systems. , or Comment [PZB20]: If changes are made in a site triangle in violation of the requirements of the iv. Affects “essential elements” of a landscape design as designated and approved by code, the property owner will be cited. Staff the Architectural or Landmark Preservation Commissions. , or believes such changes are appropriately regulated elsewhere in the code. v. Affects an historic or specimen tree. , or Comment [PZB21]: This concept was one of the vi. Involves removal of tree with a minimum 3” DBHbh oroverall height of 12’tree main reasons for many of the changes in this Article. Property owners would remove or substantially removal, or alter landscaping the was approved after a public hearing and in many cases, input from neighbors. Where vegetation exists within an easement where no easement removal The term “essential element” is intended for use by agreement is in force. the Commissions to designate those aspects of the approved plan that could not be altered without (b) Provisions relating to tree removal or wetland protection apply to existing development, as approval by the Commissions. noted. Comment [PZB22]: This provides the Town an (cb) The provisions of Article III of Chapters 18 and 54 of the town’s code of ordinances shall opportunity to ensure that what occurs in an apply to approvals granted under this section. easement is in accordance with Town policies. Comment [PZB23]: Duplicates (iii). (dc) Provisions relating to tree removal or wetland protection apply to existing development, as Comment [PZB24]: These sections address noted in Sec. 66-236 of this Chapter and Secs. 66-361 through 66-400 (wetland protection landscaping requirements. ordinance). Comment [PZB25]: This reference will change (ed) Essential elements. It shall be the permit applicant’s responsibility to depict all approved upon final recommended changes to previous essential elements on permit plans. All properties shall be reviewed for the existence of essential sections currently under review. elements prior to issuance of a permit . This is ultimately the applicant’s responsibility to understand the essential elements. Comment [PZB26]: Reworded to clarify applicant responsibilities. (fe) Essential elements may be required to be memorialized as an agreement, recorded document, or contained as a deed restriction between the town and the property owner.
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Secs. 66-214--66-234. Reserved.
DIVISION 2. PERMITS
Sec. 66-235. Application procedure for vegetation placementinstallation permit. (a) Placement Requirement for application. VegetationInstallation permits shall be obtained by making application prior to placementinstallation to the planning, zoning and building department director or his or her designee and by paying a permit fee in accordance with the schedule of fees adopted by resolution by the town council as amended. (b) Permit issuance and time limitations. Upon approval of an application, the planning, zoning and building department director or his or her designee shall issue a permit. Permits shall expire and become null and void if work is not commenced within 90 days from the date of permit issuance. Work must be completed and pass a final inspection within one year of issuance of the permit. A time extension for the permit may be granted by the planning, zoning and building department director or his or her designee for good cause upon written request, if a weather event Comment [PZB27]: Discretion has been or the inability to secure related permits prevents the work from being completed, or replacement provided here to allow extensions without limiting vegetation is not readily available. the reasons, although in general, landscaping permits are finaled quickly.
Sec. 66-236. Application procedure for vegetation removal permit. Comment [PZB28]: The requirement to secure a permit to remove vegetation has been in the code (a) Requirement for application Removal permits. Vegetation removal permits to remove trees,, for some time; proposed changes are intended to essential elements, or vegetation which affects more than 250% of the existing landscape open clarify and refine. space on site, not sought in conjunction with vegetation installationbuilding permits, shall be obtained prior to removal or relocation . Vegetation removal permits, shall be obtained by making application prior to removal, relocation or replacement to the planning, zoning and building department official director or his or her designee, at least ten working days prior to the proposed date of removal and by paying a permit fee in accordance with the schedule of fees adopted by resolution by the town council, as amended. (b) Circumstances justifying issuance. Vegetation removal permits shall be issued in the following circumstances: (1) Where vegetation, including trees, a tree, due to natural circumstances and not due to negligence by the property owner, is no longer viable (as supported by a statement from a Comment [PZB29]: Staff had originally certified arborist if required by the town), is in danger of falling, is too close to existing proposed this language; however, the reason for structures so as to endanger such structures, interferes with utility services, creates unsafe deterioration of vegetation does not seem to be relevant (except in the case of historic/specimen vision clearance, or constitutes a health hazard (as determined by the town); trees, which are covered elsewhere in this chapter). (2) Where the affected vegetation will be relocated, replaced with a suitable vegetationsubstitute tree, or otherwise preserved, with the exception of mangroves, which are regulated elsewhere in this chapter; or (3) Where vegetation tree removal is part of a plan to restore or encourage native shoreline species, either on the coastal strand, as described in section 66-81 et seq., resolution number 37-89, or along Lake Worth, as described in articles II and III of this chapter. (c) Permit issuance and time limitations. Upon approval of an application, the planning, zoning and building department directorbuilding official or his or her designee shall issue a permit. Permits shall expire and become null and void if work is not commenced within 390 days from the date of permit issuance. Work must be completed and pass final inspection within six months of permit issuance. A time extension for the permit may be granted by the planning, zoning and
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building department director or his or her designee for good cause upon written request, if a weather event or the inability to secure related permits prevents the removal from occurring.
(d) Where removal is in conjunction with an approved vegetation placementinstallation permit, all vegetation or trees to be removed must be included in an approved landscape plan, and shall not require a separate vegetation removal permit will not be required. However, the installation permit shall expire and become null and void if work is not commenced within 30 days from the date of permit issuance. Comment [PZB30]: It is believed that non- viable vegetation will be removed expeditiously, and (e) The provisions contained in this section do not apply to projects which solely involve the this requirement may not be necessary. removal of pestilent exotic species.
Secs. 66-237--66-260. Reserved.
DIVISION 3. LANDSCAPE PLANS
Sec. 66-261. Landscape Pplans required. A landscape plan is required for all work requiring a vegetation installation or removal permit subject to review by the architectural or landmarks preservation commission as specified in Chapter 18 and Chapter 54. All site plans for new development and redevelopment shall be required to submit a landscape plan and irrigation plan to the architectural commission, or landmarks commission, as applicable. A final certificate of occupancy shall not be issued until the Comment [PZB31]: All vegetation installation landscaping shown on the landscape plan has been installed and has received final approval by or removal permits which require ARCOM or LPC the planning, zoning, and building department. All plans shall be signed and sealed by a Commission approval must submit a landscape plan. Otherwise, basic information is required, but does registered landscape architect licensed to practice in the State of Florida, who shall guarantee that not need to be signed and sealed by a landscape the plans meet all specifications of this chapter. The plans shall include all stormwater architect. This proposed language is intended to management requirements applicable to the project, as submitted a drainage statement by a provide sufficient information for review, but not so much information as to be onerous on the applicant professional engineer licensed to practice in the State of Floridaregistered in the state that the of smaller landscape projects. landscape plan is not in conflict with the stormwater management plan and shall be in conformance with Chapter 86 Planning. All work requiring a vegetation installation or removal permit that does not require ARCOM or LPC review must be accompanied by information substantially in accordance with Sec. 66- 262(2). Such information does not require the signature and seal of a landscape architect unless a determination has been made by the planning, zoning and building director or designee that such information is necessary in order to determine that such plans conform to the intent of this division.
Sec. 66-262. Components of Landscaping landscape plans. (a) Landscape plans shall should contain: (1) Details The landscape plans shall be in the same scale as the site plan, but no smaller than 1 inch equals 50 feet, with 1 inch equals 20 feet recommended for all planting plans. (2) A tabulation showing the statistical information necessary to evaluate compliance with this Article including net lot area, quantity, size, and species and cultivars of all plant material to be planted, preserved, or relocated; square footage of paved areas; and such other information that is required by the Planning, Zoning, & Building Director or his or her designee to make a determination that the landscape plan meets the requirements of this Article.
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(3) All lot, yard and area requirements for the applicable zoning district of the site. (4) Any threatened or endangered vegetative species contained on the Florida Natural Areas Inventory's "Special Plants List," the Florida Game and Fresh Water Fish Commission's "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida," or a comparable list approved by the town planning, building and zoning department. (5) Concurrent with the submission of the landscape plans, a tree survey signed and sealed by State of Florida licensed surveyor or landscape architect indicating the location, number, disposition, height, spread, clear trunk, clear wood or grey wood, botanical name, cultivar, and common name of all existing vegetation measuring at least 4 inches or larger DBH to be preserved, relocated, or removed on the property. Indicate any historic or specimen trees located on the property. In the event there are no trees onsite, State of Florida licensed surveyor or landscape architect shall submit a signed and sealed letter stating that there are no existing vegetation onsite. (6) All landscape features, areas of vegetation required to be preserved by law, including but not limited to trees, plants, shrubs, native habitats, wetlands in the context with the location and outline of existing and proposed building, fences, and other structural improvements being contemplated on the site. (7) Location and outline of existing buildings and site improvements to remain. (8) Location, condition, names, sizes, DBH, and disposition of existing vegetation and any site improvements along any abutting properties within 25 feet of the property lines. (9) Location of all proposed or existing buildings and site improvements, including but not limited to parking spaces, access aisles, driveways, sidewalks, other vehicular use areas, easements, rights-of-way, drainage structures, overhead utility wires, underground utilities, controllers, above ground electrical elements, transformers and similar features to remain or to be removed. (10) A proposed plant list by symbol, quantity, required specifications (height, spread, DBH, spacing), grade, native or non-native, drought tolerance, salt tolerance, botanical name, cultivar name, common name and plant code/identification. Also include percentages of native, moderate drought tolerant and very drought tolerant plants. The plant list shall be indicated on all planting sheets. Refer to Table A as an example of the landscape key or legend to be used. (11) Provide planting specifications to current landscape standards including but not limited to staking, fertilization, top soil, mulching, and applicable drainage and any subsurface treatments. (12) Location and labeling of existing and proposed sight lighting. No poles shall be located within 15 feet of a canopy tree or within 7.5 feet of a palm or small tree. (13) Location and labeling of existing and proposed fire hydrants and fire department check valves. Provide the minimum required 7.5 feet clearance from all landscape material to the front and sides with 4 feet clearance to the rear. (14) Location and details including type, dimensions, color, and additional embellishments including but limited to of walls, fences, gates, and signages. (15) All planting and staking details, including but not limited to planting/staking specifications, general notes, and tree protection details. (16) Indicate method to protect trees and native plant communities during construction.
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(17) Existing and proposed water bodies and retention areas indicating the required slopes with cross sections. (18) Existing and proposed berms indicating the required slopes with cross sections. (19) An indication of methods used to achieve compliance with Florida Friendly principles as defined by the University of Florida Institute of Food and Agricultural Sciences (IFAS). (20) Include a planting plan with plant tags (quantity, taglines, and plant code/ID) that corresponds to the landscape key or legend identifying all proposed landscape material (scientific, common name, and cultivar), the symbol for each, amount of each, and the size, height and spread of each at time of planting. Refer to Town of Palm Beach Landscape Guidelines for Table A as an example of the landscape key or legend to be used. Comment [PZB32]: Staff is proposing a reference to a document containing this (21) Such other information that may be required to give a complete understanding of the information, instead of including it in the code. proposed plan. (1) Any historic or specimen trees located on the property. (2) Any threatened or endangered vegetative species contained on the Florida Natural Areas Inventory's "Special Plants List," the Florida Game and Fresh Water Fish Commission's "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida," or a comparable list approved by the town planning, building and zoning department. (3) The location, size, botanical name, and common name of all existing vegetation four inches or larger in diameter as measured at least 4’ from the ground on the property. (4) The location, species name, and common name of all proposed vegetation on the property. (5) The location and type of trees to be relocated or removed, and place of relocation if applicable. (6) All elements of an approved stormwater management plan applicable to the project, and a drainage statement by a professional engineer registered in the state that the landscape plan is not in conflict with the stormwater management plan.
Sec. 66-263. Irrigation plans. Comment [VC33]: Moved to Sec. 66-290 and Irrigation plans shall include: modified. (1) Layout of irrigation system and identification of components. (2) Explanation of relationship between plant groupings and type of irrigation used.
Sec. 66-2634. Landscape plan review criteria. All landscape plans shall be reviewed in accordance with the following goals and objectives: (1) Landscape design shall enhance architectural features, relate structural design to the site, visually screen dissimilar Uuses and unsightly views, reduce noise impacts from roadways and incompatible Uuses, strengthen vistas and reinforce neighborhood site design and architecture. (2) Existing specimen trees and native vegetation should shall be preserved to the maximum extent possible, and the landscape plan shall include at least 33 per cent of Comment [PZB34]: This is a current code highly or moderately drought tolerant native plant species where possible. requirement.
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(3) Canopy trees and shrubs shall be used to reduce energy consumption by shading buildings and paved surfaces. (4) Street trees shall be used to shade roadways and provide visual order. All street tree planting shall conform to the town’s street tree program requirements in the town’s Right- of-Way Manual. (5) Canopy trees and shrubs should shall be placed on the site in locations that take into consideration overhead utility lines, proximity to native plant communities, septic tanks, and sewer lines, and other underground utilities and facilities. (6) Adjoining properties must be adequately screened to mitigate adverse impacts of development. (7) All vegetation included in the proposed landscape plan must be in conformance with the requirements of the town’s code of ordinances.
Secs. 66-264--66-2834. Reserved.
DIVISION 4. DESIGN REQUIREMENTS
Sec. 66-284. Minimum standards. The following standards shall be the minimum or maximum requirements and criteria for all landscaping, and are not intended to allow maximum development under many of the possible combinations of the minimum and maximum thresholds established, but rather are a starting point for the landscape design of a site. Increased requirements may placed by the town council as a condition of a development order or in conjunction with an approval granted by the architectural or landmarks preservation commission in order to protect, promote and improve the public health, safety, and general welfare of the people, and to carry out the purposes of this chapter. These standards shall apply to all new construction projects, or projects with a construction value of 50% or more of the total value of the principle structure, with the exception of tree requirements, which shall apply to all installation and removal permits under this Article. a. Trees. Minimum landscaping per zoning district: TABLE A - TREES
Zoning District Number of Required Trees
Two trees for lots of 5,000 sq. ft. or less and one tree for each R-AA, R-A, R-B, R-C additional 2,500 sq. ft. or fraction thereof
Commercial One tree for each 2,000 sq. ft. or fraction thereof
R-D, PUD One tree for each 1,500 sq. ft. or fraction thereof
All Other Districts One tree for each 1,200 sq. ft. or fraction thereof
(1) Shade/canopy tree: Shade/canopy tree shall be a minimum overall height of 14 feet, 6 feet spread, 2.5 inches DBH and 5 feet clear trunk. This category shall constitute 30 percent of the minimum required trees.
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(2) Intermediate trees: Intermediate trees shall be a minimum overall height of 12 feet, 5 feet spread, 2 inches DBH and 4.5 feet clear trunk. This category shall constitute 15 percent maximum of the required trees. (3) Small trees: Small trees shall be a minimum overall height of 10 feet, 4.5 feet spread, 1.5 inches DBH and 4 feet clear trunk. This category shall constitute 15 percent maximum of the required trees. (4) Palms: Palms shall have a minimum of 8 feet clear trunk and shall constitute no more than 40 percent of the required trees. All palms with the exception of Roystonea elata/regia, Phoenix canariensis, Phoenix dactylifera, Phoenix sylvestris, Phoenix reclinata, Bismarckia nobilis, and Cocos nucifera shall be counted at three for one required tree. NOTE: See Diagram A for palm height measurements. All proposed coconut palms shall be certified to be resistant to Lethal yellowing.
DIAGRAM A.
( 5) Multi-trunk trees: All proposed multi-trunk tree shall have a minimum of 3-5 trunks with equal diameters originating from the ground with angles no greater than 45 degrees and with no crossing branches. (6) Tree diversity is encouraged. Refer to TABLE B for example. TABLE B – TREE DIVERSITY
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Number of Trees Number of Species Required 12—4 42 5—25 35 26—50 46 51—75 67 75—100 78 100+ 89
(7) Accent trees or palms. The following plant list species shall not be considered as a required tree or palm. However, these species may be utilized as an accent: TABLE C – ACCENT TREES/PALMS
Botanical Name Common Name Arborvitae spp. Thuja Dypsis lutescens Areca Palm Veitchia merrillii Christmas Palm Cupressus sempervirens Italian Cypress Caryota mitis Fishtail Palm Citrus spp. Citrus Nerium oleander Oleander Ravenala madagascariensis Travelers Tree Phoenix roebelenii Pygmy Date Palm Sterlizia Nicolai White Bird of Paradise b. Shrubs and hedges. TABLE D - SHRUBS
Shrub quantity Minimum 10 for each required tree
Shrub height Minimum 24 in. at planting
Must be installed and maintained to form a continuous, Hedge spacing unbroken, and 100% opaque solid screen
Buffer hedge Must be installed a minimum of 6’ in height to form a height and continuous, unbroken, and 100% opaque solid screen spacing (1) Shrubs shall be a minimum of 2 feet high, full to base, 2 feet spread and planted 2 feet on center when measured immediately after planting. If the spreads cannot be met with the 2 feet requirement then 18 inches spread and 18 inches on center may be utilized. When
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shrubs are used for the perimeter buffer, said shrubs shall be a minimum of 2 feet in height at time of planting and branch touching branch. (2) Required buffer hedges shall be planted a minimum 6 feet high, full to the base, with branch touching branch and maintained so as to form a continuous, unbroken solid, visual screen. (3) Shrubs shall be planted so the branches do not touch the building walls or walkways at time of planting. c. Vines. Vines shall be full and a minimum of 30 inches in height attached to a support immediately after planting. The method of attachment shall be indicated on the landscape plans. The use of very poisonous, thorny, spiny, deciduous, or messy fruit vines shall be subject to the approval of the town. Support structures including but not limited to, pergolas, trellises, and arbors require vines. d. Groundcover. Groundcovers shall be full and planted with a minimum of 75 percent coverage with 100 percent coverage occurring within 3 months of installation. All ground cover shall be planted so not to touch the building walls or walkways at time of planting. Planting groundcover around trees shall be done in a manner that prevents trunk damage. e. Turf: (1) All turf areas including but not limited to swales, lake maintenance easements, and retention areas shall be sodded using St. Augustine Floratam, Palmetto, Zoysia “Empire”, Paspalum “Seashore”, Bahia, Bermuda, or Centipede to the water line. Encourage matching of existing turf varieties. (2) Turf shall not be treated as a fill-in material, but rather as a major planned element of the landscape and shall be placed so that it can be irrigated separately from planting beds. (3) Turf areas shall be consolidated and limited to those areas on the site that require pedestrian traffic, provide for recreation use or provide soil erosion control such as on slopes or in swales, or surface water management areas, and where turf is used as a design unifier, or other similar practice use. Turf areas shall be identified and labeled on the landscape plan. (4) The following percentages shall apply to turf areas: Comment [PZB35]: This section is currently in i. If very drought tolerant grass such as Centipede, as defined by the South Florida the code but moved here from a different location. Water Management District “Waterwise" as amended, is used, not more than 70 percent of the required landscaped open space shall be planted in lawn grass. ii. If moderate drought tolerant grass such as Zoysia “Empire”, Paspalum “Seashore”, Bahia, and Bermuda, as defined by the South Florida Water Management District "Waterwise" as amended, is used, not more than 60 percent of the required landscaped open space shall be planted in lawn grass. iii. If low drought tolerant grass such as St. Augustine Floratam and Palmetto, as defined by the South Florida Water Management District "Waterwise" as amended, is used, not more than 50 percent of the required landscaped open space shall be planted in lawn grass. b. Required landscaping buffer to adjacent streets and abutting properties for non-residential districts. A minimum 5-fooeet wide landscape buffer is required around the perimeter of the property adjacent to located along the property lines. The landscape buffer must include a 6’ tall continuous, 100% opaque hedge with the addition of one tree per 30 linear feet or fraction thereof. (Refer to Sec. 134-2179(f) for additional requirements). The landscape buffer, other
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than trees, must be placed in a manner that does not require access to neighboring property for maintenance of the hedges. Comment [PZB36]: This proposed language is intended to partially address the issue of c. Screening of equipment: Dumpsters, mechanical equipment, A/C units, electrical transformers, vegetation, other than trees, overhanging generators and all above ground equipment shall be screened on at least three sides by landscape neighboring property. material that is equal to the height of the element at installation in accordance with Sections 134- 1728, 134-1729, and 134-1733. Such screening shall not interfere with normal operation of equipment and shall be maintained at the height of the element or no more than one foot above. d. Parking area interior landscaping and parking islands. The interior of the parking area must have suitable landscaping, including the provision of shade trees, such landscaped area to be not less than ten percent of the parking and drive aisle area. The total devoted to landscaping, comprising both the screening and the interior landscaping, must be at least 15 percent of the parking and drive aisle area. The following landscape requirements shall apply to interior of parking areas: (1) Terminal islands. Any landscaped islands must have at least 5 feet of planting area width (excluding Type D or Type F curbs) and 18 feet in length shall be provided at the end of each parking row. All lime rock shall be excavated from islands to a depth of 2.5 feet and backfilled with specified planting mix. In addition, there shall be a minimum requirement of 1 shade tree and 25 groundcover plants planted in every landscaped terminal island. (2) Interior islands. All parking areas shall be so arranged so that if there are 10 contiguous parking spaces along the same parking aisle, the eleventh space shall be a landscaped island. These landscaped interior islands must be at least 5 feet of planting area width (excluding Type D or Type F curbs) and 18 feet in length. All lime rock shall be excavated from islands to a depth of 2.5 feet and backfilled with specified planting mix. In addition, there shall be a minimum requirement of 1 shade tree and 25 shrubsgroundcovers planted forin every interior landscape island. (3) Landscape treatment. All interior planting areas not dedicated to trees, shrubs, or existing vegetation, shall be landscaped with sod, groundcover, or other appropriate landscape treatment (no sand, rock, pavement, or base soil). If installing shade/canopy trees, a root barrier and/or stabilized soil shall be utilized. e. Sight triangles and clear visibility requirements. The creation and maintenance of site triangles must conform to Chapter 134 and the Town of Palm Beach Rights-Of-Way Standards Manual. f. Street tree requirements: The selection and placement of all street trees must Refer and adhere to the Town of Palm Beach Rights-Of-Way Standards Manual. g. Plant quality. Plant quality for all required landscaping shall be Florida No. 1 or better, as provided in Grades and Standards for Nursery Plants, Part 1 and Part 2, as amended, as published by the Florida Department of Agriculture and Consumer Services. All vegetation shall be clean and free of noxious pests or disease. Sod shall be green, healthy, clean and visibly free of weeds, noxious pests and diseases. It shall be solid St. Augustine ‘Floratam’, ‘Palmetto’, Zoysia ‘Empire’, Paspalum ‘Seashore’, or Bermuda, laid on a smooth planting base with tight joints, at 100 percent coverage at time of planting and cut to fit all landscape planters and curb areas. h. Plant material. Native vegetation: 33 percent of all vegetation, excluding all turf grass, required to be planted by this Code shall be native to South Florida. Comment [PZB37]: Relocated to an previous section.
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(1) All landscaping including shrubs and groundcover shall be guaranteed for one year after final landscape inspection. (2) All pestilent plants shall be removed from the site prior to final inspection. (3) All landscape substitutions including shrubs and groundcover shall require town approval prior to installation. (4) The use of plant materials that reinforce the ambience of the town's distinctive, lush, subtropical character is encouraged. (5) The use of wind tolerant trees and palms per “Stormscaping: Landscaping to Minimize Wind Damage in Florida” are encouraged due to the high risk of hurricanes in South Florida. Every effort should be utilized to reduce the risk of damage and liability by utilizing more wind tolerant landscaping. Also, the use of landscaping that is very poisonous, has a major pest or insect problem, thorny spines, drops messy fruit or has an aggressive root system will be reviewed case by case. (6) NoAll proposed trees and palms shall not be planted under roof overhangs or balconies. (7) All proposed trees and palms shall have a clear trunk high enough to allow unobstructed pedestrian movement under or around. h. Planting soil and topsoil: Topsoil and/or planting soil shall be clear and free of construction debris, weeds and rocks. The topsoil and/or planting soil for all planting areas shall have a pH between 6.5 and 7.0 and be composed of a minimum of 50 percent muck and 50 percent sand or 80 percent sand and 20 percent muck for date palms.
Sec. 66-285. Plant installation standards. All landscaping shall be installed according to sound horticultural practices in a manner designed to encourage vigorous growth. All required landscape material shall be healthy and in place prior to, and at the time of, issuance of the final certificate of occupancy. (1) Planting soil/topsoil shall be of the minimum quality as specified in the plant materials section of this Code, Section 66.285(8). All trees, palms, shrubs, and ground covers shall be planted with a minimum of 12 inches or two times the root ball of planting soil around root ball (2) A minimum of two inches of shredded, approved arsenic free, organic mulch or groundcover shall be installed around each tree planting for a minimum of 18 inches beyond its trunk in all directions, including palms, and throughout all hedge, shrub, and groundcover planting. The use of mulch obtained from Melaleuca, Eucalyptus, or other invasive plant species is encouraged in order to reduce their impact on the environment and to preserve the remaining native plant communities. (3) All trees/palms shall be properly guyed and staked at the time of planting until one year from landscape final or establishment. The use of nails, wire or rope, or any other method which damages the trees or palm, is prohibited. (4) All plants shall be installed so the top of the rootball is 10% above the surrounding soil grade. All synthetic string, synthetic burlap, cords, or wire baskets shall be removed prior to planting. (5) All parking islands, medians, and other landscape areas shall be installed with continuous Type "D" curbing to prevent damage to the plant material and the
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displacement of topsoil and mulch. Also, all landscape islands, divider medians, and planters shall be excavated of limerock and/or compacted soil to a depth of 30 inches and backfilled with specified planting mix to the top of curb. Additionally, all areas along buildings shall be excavated to a depth of 12 inches and backfilled with specified planting mix. If installing shade/canopy trees, a root barrier and/or stabilized soil shall be utilized. (6) All proposed landscaping shall be installed with fertilizer which has trace minor elements in addition to a minimum six percent Nitrogen (N) - six percent Phosphorus (P) - six percent Potassium (K) of which 50 percent of the nitrogen must be derived from an organic source. (7) All plant root ball sizes shall conform or exceeded the minimum standards in the current edition of Florida Grades and Standards.
Sec. 66-286. Water conserving landscape design. Comment [VC38]: The changes relating to advanced irrigation, reviewed and accepted by the The following section shall be applicable to all new construction and substantial improvements. South Florida Water Management District and the City of West Palm Beach, and adopted by Ordinance (a) Required. Landscapes shall be designed in accordance with water conserving landscape 13-2013, have been incorporated into this section. design elements set forth in subsections (b)—(e). No additional changes are proposed. (b) Minimum landscaped open space. Minimum landscaped open space shall be required as stipulated by the lot, yard and bulk regulations in the zoning code, chapter 134. (c) Required vegetation. The following vegetation is required. The 9 principles of Florida- Friendly Landscaping shall be utilized. (1) Lawns. a. If very drought tolerant grass is used, not more than 70 percent of the required landscaped open space shall be planted in lawn grass. b. If moderate drought tolerant grass is used, not more than 60 percent of the required landscaped open space shall be planted in lawn grass. c. Information on Florida Friendly drought tolerant grass can be found at: http://fyn.ifas.ufl.edu/ifaspubs.htm. (2) Nonturfed areas. a. Nonturf areas shall be planted in mixes of trees, shrubs and ground covers. b. Plants shall be grouped according to their water needs, and irrigated accordingly. At least 33 percent of the groupings shall be characterized by highly or moderately drought tolerant vegetation, as defined by the "Xeriscape Plant Guide II" (6/88) as amended, produced by the South Florida Water Management District. c. Information for Florida Friendly Landscaping drought tolerant plants can be found at: http://www.floridayards.org/index.php . (d) Irrigation Standards. (1) Irrigation systems, either manual or automatic, may be used for the cultivated landscape areas. (2) Irrigation shall be designed in zones that reflect necessary water regimes for specific groupings of vegetation.
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(3) Sprinkler heads irrigating lawns or other high water requirement landscape areas shall be circuited so that they are on a separate zone from those irrigating trees, shrubbery or other reduced water requirement areas. (4) Zones containing existing native plant communities and ecosystems maintained in a natural state do not require, and shall not have any additional irrigation water added in any form. (5) In order to prevent overthrow, low trajectory heads or low volume water distributing devices shall be used when irrigating confined areas. (6) No more than ten percent of spray radius shall be allowed onto impervious areas. (7) Newly installed native plant areas may require irrigation during the establishment period. Water during this period shall be applied from a temporary irrigation system, a water truck, or by hand watering from a standard bib source. (8) A temporary irrigation system shall be removed no later than 60 days after completion of the planting. (e) Use of organic mulches. When appropriate, a minimum of 2 inches of arsenic-free organic mulch shall be installed around each tree planting for a minimum of 18 inches beyond its trunk in all directions, including palms, and throughout all hedge, shrub, and groundcover plantings. Mulch shall be pulled a minimum of 2” away from trees and palms. (f) Antitranspirants. In order to reduce water loss through leaves during installation, antitranspirants shall be used and applied on all permitted landscape installation projects for a minimum period of ninety-days from the date of installation. (g) Irrigation Plans. Detailed irrigation plans shall be submitted as part of a building permit, and shall include: (1) Layout of irrigation system and identification of components. (2) Explanation of relationship between plant groupings and type of irrigation used. (3) Irrigation plans must provide 100% coverage of landscape areas. (h) Control systems. (1) The irrigation system shall be equipped with rainfall or moisture sensing devices to avoid operation during periods of sufficient moisture. (2) Automatically controlled irrigation systems shall be operated by an irrigation controller that is capable of watering high water requirement areas on a different schedule from low water requirement areas. (i) Advanced Smart irrigation systems. This section shall be applicable to all new construction, substantial improvement and existing properties applying for a variance from the day-of-week watering restrictions imposed by the South Florida Water Management District (SFWMD), the City of West Palm Beach (WPB) or the Town of Palm Beach (TOWN). Variances from the day- of-week watering restrictions does not relieve a property owner from complying with irrigation restrictions contained in a water shortage order or water emergency declaration issued by the SFWMD, WPB or the TOWN. (1) Any person who purchases or installs an automatic landscape irrigation system on their property must properly install, maintain, and operate the system in accordance with manufacturer specifications, technology that inhibits or interrupts operation of the system
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during periods of sufficient moisture, and otherwise comply with the provisions of this section. (2) Evapotranspiration-based (ET) or moisture sensing-based controllers are required on any new automatic landscape irrigation system or controller installed subsequent to August 13, 2013. In addition said systems are required on automatic irrigation systems when any principal structure on a property in the town is substantially altered. (3) Owners who have a properly operating evapotranspiration-based (ET) or moisture sensing controlled irrigation system shall be eligible for a variance from the day-of-the- week landscape irrigation restrictions set forth in Section 122-78(b)(3) and (4) if the following requirements are met: a. The ET controller is approved by the Town of Palm Beach building official as meeting the Environmental Protection Agency (EPA) WaterSense® specification for weather-based controllers, the requirements of the Irrigation Association (IA) for climate-based controllers or moisture sensor-based controllers, or some comparable and applicable standard. b. The owner submits an application for variance to the Town of Palm Beach building official or his/her designee in accordance with Section 122-81 along with an application fee in an amount adopted by the Town Council by resolution. c. The owner posts a sign in a conspicuous location on the property to inform the public of the approved variance. The sign shall be provided by the Town, the cost of which shall be payable to the Town in an amount to be determined by the Town Council by resolution, upon approval of the variance. d. No irrigation occurs between the daily restricted hours as may be set forth by the South Florida Water Management District and/or the City of West Palm Beach, which is subject to change at any time. (4) The Town of Palm Beach shall maintain a database of all properties which have installed and maintained advanced irrigation systems in accordance with the requirements of this subsection, and which are exempt from the day-of-the-week irrigation restrictions set forth in Section 122-78(b)(3) or (4). (5) A variance granted from Section 122-78(b)(3) or (4) based on the installation and operation of an advanced irrigation system does not relieve a property owner from complying with irrigation restrictions contained in a water shortage order or water emergency declaration issued by the South Florida water Management District, the City of West Palm Beach or the Town of Palm Beach. (6) Applicability. This section shall apply to all licensed contractors within the jurisdiction of the town who install or perform work on automatic irrigation systems and to any person or entity which purchases or installs an automatic landscape irrigation system on their property. a. A licensed contractor or owner who installs or performs work on an automatic landscape irrigation system must test for the correct operation of each inhibiting or interrupting device or switch on the system. If such devices are not installed, or are not functioning properly, the contractor must install new devices or repair the existing ones and insure that each is operating properly before completing other work on the system. b. A licensed contractor or owner performing work on an automatic landscape irrigation system shall report systems that are not in compliance with this section, to
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code enforcement personnel in the police department. Failure of a contractor or owner to report non-compliant systems within five business days is punishable by fines as specified in the violations and penalties section of this section. A system that is repaired by the contractor and brought into compliance need not be reported.
c. Regular maintenance and replacement of worn or broken moisture sensing equipment, such as soil moisture or rain sensors, is not a violation of this section, if such repairs are made within 30 days from the time non-compliance is noted. d. All contractors performing work on irrigation systems within the town shall be licensed or registered under F.S. ch. 489, or the Construction Industry Licensing Board of Palm Beach County that permits work on irrigation systems. e. A licensed contractor shall perform an annual maintenance review of the ET- controlled system between of February 1 and February 28 and certify to the Town of Palm Beach that the ET-controlled system is properly operating and in compliance with this section. Owners failing to provide such annual recertification that the system is properly operating shall result in revocation of the variance from Section 122-78(b)(3) or (4). (7) Violations and penalties. a. Failure of any person who purchases or installs an automatic landscape irrigation system on their property, or property managed by them, to properly install, maintain, and operate technology that inhibits or interrupts operation of the system during periods of sufficient moisture is a violation of this section, and such person shall be subject to a fine in accordance with Section 2-439 of this code. A person in violation of this section may be cited for each day the system fails to be in compliance with this section. b. Failure of an owner to report to town code enforcement officials automatic landscape irrigation systems that are not in compliance with this section, which require properly operating devices to inhibit or interrupt the operation of the irrigation system during periods of sufficient moisture, shall be a violation of this section, and such owner shall be subject to a fine in accordance with Section 2-439 of this code.
Sec. 66-287. Certificate of Occupancy and Certificate of Completion. Comment [PZB39]: This section was relocated from Sec. 66-291. No certificate of occupancy or certificate of completion shall be issued until such time as all of the required landscaping is installed and approved by the planning, zoning, and building department director or his or her designee. However, nothing herein shall prevent the issuance of a temporary certificate of occupancy so long as at least the sod portion of the landscaping has been installed.
Sec. 66-288. Protection of Trees During Construction or Land Development. Comment [PZB40]: This section was relocated from former section 66-288. (a) During any construction or land development, protective barriers specified and approved by the Planning, Zoning, and Building Director, or his or her designee, shall be placed and maintained around all trees to be retained on site to prevent their destruction or damage. The developer shall use every precaution possible to avoid damaging such trees by preventing the use or storage of materials or equipment, or the contamination of soil with such materials as paint, oil, solvents, asphalt, concrete, mortar, and the like, within the drip line.
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(b) No attachments other than those of a protective or non-damaging nature, shall be attached to any tree except those trees approved to be removed or relocated.
Sec. 66-289. Vegetation Maintenance Requirements Comment [PZB41]: This section was added at the request of the Code Enforcement Division, who had no provisions in the code to cite an owner for An owner of land is subject to this code and shall be responsible for the maintenance of said land failing to maintain landscaping. and landscaping. All vegetation shall be maintained at all times so as to present a healthy, vigorous and neat appearance free from refuse and debris. All landscaped areas shall be sufficiently fertilized and irrigated to maintain the plant material in a healthy and viable condition. All fertilizer and pest control shall be safe and environmentally friendly and applications shall conform to the manufacturer’s specifications
All missing, removed, dead, or damaged vegetation albeit from natural or manmade causes shall be replaced with equivalent vegetation or greater in a time period determined by the Town of Palm Beach.
Where vegetation has not been maintained or pervious areas exist without benefit of vegetation which meets the requirements of this code, the owner may be cited at which time the requirements of this code will apply to all areas in violation.
Sec. 66-290. Tree Trimming Standards. All trees shall be trimmed in accordance with standards established by American National Standards Institute (ANSI A300).the Tree Care Industry Association standards. All trimming shall be performed by a certified arborist. and receive a final inspection to ensure that illegal and Comment [VC42]: This provision was removed improper pruning does not occur. as per direction received at a previous ORS meeting. However, Staff respectfully urges reconsideration; trees continue to be pruned inappropriately, and Sec. 66-291. Hatracking/Topping Prohibited. Staff suggests that if requiring the supervision of an Pruning a tree by hatracking or topping and thus creating detrimental effects, including vigorous arborist is too onerous, than as a minimum, the but weakly-attached regrowth, pest susceptibility, pathogen intrusion, and internal decay is violator could be required to receive education regarding proper pruning methods. considered vandalism, and is therefore prohibited. However, crown reduction in excess of one- third may be permitted under the following conditions: (1) If a tree interferes with utility lines or utility structures. (2) If a tree has storm damage and in the opinion of the Planning, Zoning & Building Director, or his or her designee, should be pruned in order to preserve the tree.
Violations of this provision may result in Secs. 66-292--66-310. Reserved.
DIVISION 5. REGULATIONS
Subdivision I. In General
Sec. 66-311. Prohibited plants. (a) Prohibited species. The following plants have been shown to be pestilent exotic species and shall not be installed as landscape material, and shall be removed from property as part of development and redevelopment activity and prior to the issuance of a permit for said development and redevelopment activity or pursuant to the schedule and terms specified in subsection (c) of this section. Written verification of the removal of these species shall be
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provided to the Planning, Zoning & Building Director or his or her designee by the owner of the property or the owner’s Florida licensed landscape architect: (1) Australian pine (Casuarina spp.). (2) Brazilian pepper (Schinus terebinthefolius). (3) Punk or paper tree (Meleleuca quinquenervia). (4) Old-world climbing fern (Lygodium microphyllum). (5) Air potato vine (Dioscorea bulbifera). (6) Carrotwood (Cupaniopsis anacardiodies). (7) Earleaf acacia (Acacia auriculiformis). (8) Schefflera (Schefflera actinophylla) (9) Kudzu (Pueraria montana var. lobata). (b) Exemptions. An exemption or partial exemption from the prohibition of and removal requirements of Australian pines may be granted by the architectural commission or landmarks Comment [PZB43]: preservation commission, as applicable, upon submission of an application and payment of a fee for an exemption or partial exemption as established by the town council by resolution as amended, if the following conditions apply: (1) The Australian pine is used and maintained as a hedge. Failure to maintain the hedge will result in a code violation and removal of the hedge will be required. (2) The hedge or screen is located in an area where salt tolerant vegetation is required and where a viable aesthetic or organic option is not practical. (3) The Australian pine is not of the "sucker" type variety (Casuarina glauca). (4) The Australian pine is not directly adjacent to shoreline areas. (5) The Australian pine is maintained as part of the character of a landmarked district or vista such as the areas known as "Pine Walk" and "Wells Road." (c) Future removal requirements. In addition to the removal requirements set forth in section (a) above, a property owner shall remove or cause to be removed or eradicated the prohibited invasive non-native vegetation listed in paragraph (a) above by January 1 of the year specified in the following table:
TABLE INSETF:
COMMON NAME SCIENTIFIC NAME YEAR Old-World Climbing Fern Lygodium microphyllum 2004 Air Potato Vine Dioscorea bulbifera 2004 Melaleuca, Punk Tree Melaleuca quinquenervia 2006 Brazilian Pepper Schinus terebinthifolius 2008 Carrotwood Cupaniopsis anacardiodies 2008 Earleaf Acacia Acacia auriculiformis 2010 Schefflera Schefflera actinophylla 2006
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Australian Pine* Casuarina spp. 2012* Kudzu Pueraria montana var. lobata 2008
The 2012 date relating to the removal of the Australian Pine, Casuarina spp. shall only be applicable to Australian Pines which are within 500 feet of a county designated natural area described in item (d) below, i.e. the Palm Beach Island Sanctuaries. Comment [PZB44]: This sentence was added in 2011 (Ordinance 23-11). A recent request was Upon removal of the prohibited and invasive non-native vegetation specified under this section, received by the Town Council to consider allowing the property owner shall maintain the property free of such prohibited invasive non-native scheffleras to exist under certain circumstances. It vegetation. is possible that this sentence could be modified to include other invasive species as well (such as (d) Protection of natural area and incentives. The county has recognized the Palm Beach Island schefflera), since the County’s ordinance, upon which this is based, provides that only Old-World Sanctuaries (R43 T43 S34; R43 T44 S03/10/15) located within the town as a natural area Climbing Fern, Air Potato Vine, or invasive species containing high quality ecosystems that are worthy of protection. The town hereby adopts for within 500 feet of a natural area, are subject to the purposes of the protection of said natural area and for purposes of the regulation of the buffer area eradication dates listed here. In order for the Town around said natural area those sections of the County Code known as the "Palm Beach County to opt out of the County’s ordinance, ours may not be less restrictive, and it appears that this would not Countywide Prohibited Invasive Non-Native Vegetation Removal Ordinance" relating to the be less restrictive, pending the Town attorney’s protection and regulation of these areas. Additionally, the town adopts the incentive program review and concurrence. offered by the county as incorporated within the "Palm Beach County Countywide Prohibited Invasive Non-Native Vegetation Removal Ordinance." (e) Enforcement. Violations of this section shall be: (1) Failure of a property owner to remove or eradicate prohibited invasive non-native vegetation in accordance with subsections (a) and (c) of this section. (2) Failure of a property owner to maintain nonexempt properties free of prohibited invasive non-native vegetation in accordance with subsection (c) of this section. The following are procedures which are to be followed for compliance and enforcement of this section. (1) Inspection of a parcel to determine the possible location of prohibited invasive non- native vegetation. (2) Preparation and provision of a notice informing the parcel owner of prohibited invasive non-native vegetation on the parcel and instructions for the removal or eradication of the vegetation and a timeframe provided for compliance. A follow up inspection is conducted. (3) In the event there is a failure to comply by the property owner after notice as prescribed, the failure to comply will be noticed for hearing before the town's code enforcement board.
Sec. 66-312. Protected plants. The following shall constitute protected plants within the town: (1) Historic and specimen trees. Specimen trees are afforded special status and protection in the town, as per sections 126-56--126-58. (2) Endangered and threatened plants. Plants identified as endangered or threatened, according to the Florida Natural Areas Inventory, Florida Game and Fresh Water Fish Commission "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida," or a comparable list approved by the town's planning, zoning and building department, shall be identified on the required landscaping plan.
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(3) Protection. Removal of designated historic and specimen trees, and vegetational species identified as endangered or threatened, shall be prohibited. (4) Exceptions. a. Permission for removal of historic or specimen trees may be obtained from the town council or from the town manager if the tree constitutes a danger to public health, safety or welfare, or otherwise requires immediate removal. b. When relocation is unavoidable, identified endangered or threatened species may be transplanted to an undeveloped portion of the site, or to an approved off-site location where preservation can be ensured. (5) Management plan. When historic or specimen trees or endangered or threatened plants are identified, a management plan shall be presented to the architectural commission, or landmarks commission, as applicable. The management plan shall include: a. Methods to ensure preservation of the species, including buffer areas when appropriate. b. Methods to ensure protection of species while construction activity is taking place on property.
Secs. 66-313--66-335. Reserved.
Subdivision II. Dunes Comment [PZB45]: Subdivision II Dunes (Sec. 66-336), and Subdivision III Wetlands (Secs.66-361 – Secs. 66-337--66-360. Reserved. 368) have been relocated to the beginning of this chapter and are undergoing continued review.
Subdivision III. Wetlands Protection*
Secs. 66-369--66-400. Reserved.
ARTICLE V. WILDLIFE PROTECTION*
Sec. 66-401. Findings. (a) Various species of animals found in the town have been classified by the Florida Fish and Wildlife Conservation Commission state game and fresh water fish commission as endangered, threatened, or species of special concern, reflecting a depletion in population so critical that extinction is possible. (b) These species may be of aesthetic, ecological, educational, historical, recreational, economic or scientific value. (c) The town seeks to preserve a stable ecosystem, which is dependent upon the number and diversity of constituent species. (d) The protection of these species requires preservation of occupied habitat, protective buffers and adequate management measures. (Code 1982, § 11.5-51)
Sec. 66-402. Purpose.
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The purpose of this article is to protect listed species that inhabit the town by safeguarding the habitat in which they live from various impacts associated with development. (Code 1982, § 11.5-52)
Sec. 66-403. Applicability. This article is applicable to: (1) All undeveloped parcels of 15 acres or more that are entirely or partially forested by native vegetation or mixtures of native and exotic vegetation. (2) All undeveloped parcels containing areas of wetland vegetation of two acres or more. (3) Undeveloped parcels upon which listed species have previously been identified. (Code 1982, § 11.5-53)
Sec. 66-404. Identification. Applicable parcels shall be inventoried by a biologist, ecologist or other related professional hired by the developer for species listed by the Florida Fish and Wildlife Conservation Commission or the U.S. Fish and Wildlife Service as in the state game and fresh water fish commission's "Official Lists of Endangered and Potentially Endangered Species" as endangered, threatened or species of special concern. (Code 1982, § 11.5-54)
Sec. 66-405. Standards. When species listed by the state game and fresh water fish commission's "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida" are identified on development sites, a management plan shall be prepared by an ecologist, biologist or other related professional to ensure that species protection shall be approved by the planning, zoning and building department prior to approval of development. (Code 1982, § 11.5-55)
Sec. 66-406. Management plan. The management plan shall be consistent with the requirements of the state game and freshwater fish Florida Fish and Wildlife cCommission. (Code 1982, § 11.5-56)
Sec. 66-407. Consultants. The town may hire a qualified consultant, at the expense of the developer, to review the management plan, if necessary. (Code 1982, § 11.5-57) Secs. 66-408--66-440. Reserved.
ARTICLE VI. SOIL EROSION, SEDIMENT CONTROL AND FUGITIVE DUST* Sec. 66-441. Findings.
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(a) Land disturbing activities can cause excessive runoff and accelerate the process of soil erosion, resulting in the damage and loss of natural resources, including the degradation of water quality. (b) In addition, emissions of particulate matter during construction and demolition, including but not limited to incidents caused by vehicular movement, transportation of materials, construction, alteration, demolition or wrecking of buildings or structures, or the stockpiling of particulate substances may trespass on neighboring properties and degrade air quality. (c) The town finds that: (1) Excessive quantities of soil may erode from areas undergoing development due to land disturbing activity. (2) Soil erosion can result in the degradation of valuable shoreline resources, such as dunes and lagoonal shoreline communities. (3) Sediment from soil erosion can clog storm sewers and swales, and silt navigational channels. (4) Sediment and sediment-related pollutants degrade wetland systems, including Lake Worth, resulting in the destruction of aquatic life and degradation of water quality. (5) Airborne sediments can constitute a nuisance for adjacent property owners, and degrade the quality of the air. (Code 1982, § 11.5-71)
Sec. 66-442. Purpose. The purpose of this article is to safeguard persons, protect property, prevent damage to the environment, and promote the public welfare by guiding, regulating and controlling the design, construction, use and maintenance of any development or other activity which disturbs or otherwise results in the movement on earth of land situated in the town. (Code 1982, § 11.5-72)
Sec. 66-443. Erosion control plan. No person may engage in land disturbing activity until a plan has been submitted for erosion and sediment control and the plan has been approved by the town. The erosion control standards given in this article should be incorporated, as appropriate, into the erosion and sediment control plan. (Code 1982, § 11.5-73)
Sec. 66-444. Standards. (a) No land disturbing activity during periods of construction or improvement to land shall be permitted in proximity to wetlands or the shoreline of Lake Worth unless a 25-foot buffer zone is provided along the margin of the watercourse. (b) The angle for graded slopes and fills shall not be greater than the angle that can be retained by vegetative cover, or other adequate erosion-control, devices or structures (generally 4:1 or less). Slopes left exposed will, within ten working days of completion of any phase of grading, be planted or otherwise provided with ground cover, devices or structures sufficient to restrain erosion.
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(c) Groundcover sufficient to restrain erosion must be planted or otherwise provided on portions of cleared land upon which further construction activity is not being undertaken within 15 days of clearing. (d) Vegetative cover or other erosion control devices or structures used to meet these requirements shall be properly maintained during and after construction. (e) Use temporary seeding or sodding, adequate covering, or chemical application, on exposed soils, including stockpiles of topsoil, sand or other construction fill, where delays in construction of more than one day are anticipated. (Code 1982, § 11.5-74; Ord. No. 21-02, § 8, 11-12-02)
Sec. 66-445. Exemptions. Minor land disturbing activities, such as home gardens and individual home landscaping, repairs, maintenance work, and other related activities, provided such activities do not contribute to any on-site generated erosion, or degradation of lands or water beyond the boundaries of the property of the residence involved. (Code 1982, § 11.5-75)
Sec. 66-446. Violations. In addition to other remedies for violation of this chapter, violation of this article shall constitute grounds for the issuance of a stop work order by the building official in accordance with the provisions of the building code. (Code 1982, § 11.5-76)
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TOWN OF PALM BEACH Information for ORS Committee Meeting on: November 5, 2015
To: Ordinances, Rules & Standards Committee
From: Jay Boodheshwar, Deputy Town Manager
Re: Proposed Ordinance to Prohibit Barges and Other Floating Structures from Mooring and Anchoring in Town Waterways
Date: October 29, 2015
STAFF RECOMMENDATION
Staff recommends that the ORS Committee approve the attached proposed ordinance, which would ban floating structures from anchoring or mooring in Town waterways.
GENERAL INFORMATION
At the September 10, 2015, Town Council meeting, ORS was authorized to study and potentially develop an ordinance for Town Council consideration, which could ban floating structures from anchoring or mooring in Town waterways.
In the Intracoastal Waterway, mainly in the vicinity of Peanut Island, an increasing number of portable party platforms, floating tiki huts, pontoon-top bars and temporary floating businesses, have been anchoring or mooring in the waterway. As of July 2015, it was reported there were 11 floating structures were consistently anchored near Peanut Island throughout the week, with more structures appearing on the weekends. In addition to being an eyesore, these structures did not have connections to water and sewer nor did they have trash collection capabilities needed to handle a crowd. These floating structures also create a safety risk because not only did they not have required lights for other boaters to see at night, they also created a hazard in the event of a storm. An incident occurred during a storm on July 24, 2015, where a floating structure near Peanut Island broke apart and drifted into a Singer Island Marina causing damage.
As a result of the increase of floating structures anchoring or mooring in the waterway, on August 18, 2015, the Palm Beach Board of County Commissioners adopted an ordinance prohibiting the anchoring or mooring of floating structures in waters within the jurisdiction of the County or County owned property, unless anchored or moored at a marina, dock or on private property.
Some of the key concerns cited in the County ordinance about these structures include:
o The special risk to persons and property, as they are usually not self-propelled and cannot be quickly relocated during weather events o The navigational hazards they create above and beyond those caused by vessels who primary purpose is navigation
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o They may preempt the customary water dependent uses and riparian rights of surface water including ingress, egress, boating, bathing and fishing, as provided for in Sec. 253.141 of the FL Statutes
The ordinance also references that the County’s authority to prohibit such mooring and anchoring outside of private property, docks, and marinas, as it is in accord with the policy of the state to limit activities on sovereign submerged lands to water dependent activities.
This ban does not extend to waters under the jurisdiction of municipalities. Therefore, staff is concerned that these floating structures may relocate to waters within the Town’s jurisdiction.
Although Article III of Chapter 74 of the Town Code contains regulations relating to mooring of vessels in Lake Worth, but staff believes that it doesn’t address floating structures, which are not considered vessels since they cannot self-propel. Therefore, a draft ordinance has been prepared by the Town Attorney for your review, which we believe will address our concerns regarding this matter.
cc: Thomas G. Bradford, Town Manager Kirk Blouin, Director of Public Safety John C. Randolph, Town Attorney Lt. Nicholas Caristo, Police Department
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ORDINANCE NO. _____-2015
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 74, PARKS AND RECREATION, AT ARTICLE III, BOATS AND BOATING, TO INCLUDE NEW SECTIONS 74-270, 74-271, 74-272 and 74-273 RELATING TO THE PROHIBITION OF FLOATING STRUCTURES; PROVIDING FOR DEFINITIONS; PROVIDING FOR ENFORCEMENT/ PENALTIES; PROVIDING FOR INCLUSION IN THE CODE ENFORCEMENT CITATION FINE ORDINANCE OF THE TOWN OF PALM BEACH; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Palm Beach County has adopted Ordinance Number 2015-030 relating to the prohibition of floating structures which are considered a risk to persons and property and which pose navigational hazards; and
WHEREAS, said Ordinance applies only within the jurisdiction of Palm Beach County and does not apply within the municipalities located within Palm Beach County; and
WHEREAS, it has been determined by the Town Council of the Town of Palm Beach that floating structures in the waters located within the Town of Palm Beach pose a special risk to persons and property, as these structures are not usually self-propelled and cannot be quickly relocated during weather events and because floating structures pose navigational hazards above and beyond those caused by vessels which primary purpose is navigation; and
WHEREAS, prohibiting the anchoring or mooring of floating structures outside of privately owned properties, marinas and docks is in accord with the policy of the State to limit activities on sovereign submerged lands to water dependent activities; and
WHEREAS, the Town Council of the Town of Palm Beach finds that floating structures, other than those anchored or moored at privately owned property, a marina or dock, should be prohibited from anchoring or mooring in the waters within the jurisdiction of the Town or on property owned by the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
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Section 1. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 74, Parks and Recreation, at Article III, Boats and Boating, to provide new Sections 74-270 through 74-273 to read as follows:
CHAPTER 74 PARKS AND RECREATION ARTICLE III. Boats and Boating
“Sec. 74-270. Prohibition of floating structures.
No floating structure shall be anchored or moored in the waters lying with the jurisdiction of the Town or on any property owned by the Town, including any submerged lands. Notwithstanding the foregoing, nothing in this ordinance shall prohibit a floating structure from anchoring or mooring at a public or private marina within a berth or slip, a public or private dock with permission from the property owner or on privately owned property, including submerged lands.
Sec. 74-271. Definitions.
“Anchor” means the act of temporarily securing a floating structure in the water by means of an anchor or other device and associated tackle that is carried on the floating structure and cast or dropped overboard.
“Floating structure” means a floating entity, with or without accommodations built thereon, which is not primarily used as a means of transportation on water but which serves purposes or provides services typically associated with a structure or other improvement to real property. The term includes, but is not limited to, an entity used as a residence, place of business or office with public access; a hotel or motel; a restaurant or lounge; a clubhouse; a meeting facility; a storage or parking facility; or similar facility or entity represented as such. Floating structures are expressly excluded from the definition of the term “vessel” as defined in Section 317.02, Florida Statutes. Incidental movement upon water or resting partially or entirely on the bottom does not, in and of itself, preclude an entity from classification as a floating structure. Registration of the entity as a vessel in accordance with Chapter 327, Florida Statutes, shall not preclude an entity from classification as a floating structure.
“Moor” means the act of securing a floating structure in the water by means of a permanent or semi-permanent mooring system affixed to the bottom of the water body.
Ordinance No. ____-2015 Page 2 of 4
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Sec. 74-272. Enforcement; penalties.
Any law enforcement officer acting within his or her jurisdiction or Town of Palm Beach code enforcement officer is authorized to enforce this ordinance. The violation of any provision of this ordinance shall be punishable as provided in Section 1-14, the general penalties provision of the Town Code or Ordinances or, alternatively, pursuant to the provisions of Chapter 2, Article V, of the Town Code of Ordinances relating to code enforcement.
Sec. 74-273. Inclusion in the code enforcement citation ordinance of the town.
Chapter 2, Administration, Section 2-439, Citation Fine Schedule, of the Town Code of Ordinances is hereby amended to include a violation of Section 74-270, Prohibition of Floating Structures, as a Class III Violation.”
Section 2. 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 3. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed.
Section 4. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Palm Beach.
Section 5. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as provided by law. Ordinance No. ____-2015 Page 3 of 4
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PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach on first reading this ___ day of September, 2015, and for second and final reading on this ____ day of October, 2015.
______Gail L. Coniglio, Mayor Michael J. Pucillo, Town Council President
______Richard M. Kleid, President Pro Tem
______Danielle H. Moore, Town Council Member
______ATTEST: Penelope D. Townsend, Town Council Member
______Susan A. Owens, MMC, Town Clerk Robert N. Wildrick, Town Council Member
p:\docs\13156\00008\doc\1n61047.doc
Ordinance No. ____-2015 Page 4 of 4
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TOWN OF PALM BEACH Information for ORS Committee Meeting on: November 5, 2015
To: Ordinance, Rules & Standards Committee
Via: Jay Boodheshwar, Deputy Town Manager
From: John S. Page, Director of Planning, Zoning & Building
Re: Hedge Encroachment onto Neighboring Property
Date: October 22, 2015
STAFF RECOMMENDATION
Staff recommends that the ORS Committee review the various data included herein relative to landscaping encroachments onto neighboring properties, and to thereafter determine if additional work should continue toward drafting a local regulation addressing the issue.
GENERAL INFORMATION
The Town of Palm Beach is fortunate to have an abundance of lush landscaping throughout the Island. Property owners often improve their lots with hedges and/or other landscape material at or near lot lines to achieve privacy. Occasional problems arise as hedges grow taller/wider, sometimes extending beyond lot lines onto neighboring property. Neighbors sometimes complain that the responsible owner refuses to trim/maintain the growing hedge, leaving them to reluctantly pay for trimming/maintenance of the hedge encroaching onto their side of a shared property line. “Innocent” neighbors sometimes look to the Town for an answer. It is commonly accepted that any owner has the right to trim/cut/maintain any tree/shrub/hedge that extends onto their lot, yet there is no mention in Town Code obligating the responsible party to provide maintenance. The related issue of trespassing complicates a legislative fix.
Finding a regulatory solution has proven difficult, yet a few options do exist. Staff attempted to seek potential solutions in the following four manners: amending existing setback/nuisance provisions within our local Code to address same; contacting the American Planning Association (APA) to find a successful regulatory solution; reaching out to neighboring communities to find a successful regulatory solution; and searching the internet for zoning regulations from other communities that address the problem.
Our efforts to find a potential fix to the issue at hand yielded the following results: 1. The local Code of Ordinances could be amended to include and declare overgrown hedges as a “nuisance” that must be abated. The difficulty with this option is that trimming a hedge that encroaches onto adjacent lots still involves an element of
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neighbor-to-neighbor cooperation, which is sometimes lacking.
2. The local Code of Ordinances could be amended to require that hedges be situated a minimum setback (as yet unspecified) from shared lot lines in order to avoid overgrowth encroachment. The difficulty with this option is that the Town has an abundance of existing (grandfathered) hedges that cannot be moved, and that establishing a minimum setback standard may still fail to stop encroachment if a hedge grows too wide.
3. Most communities include some provisions regarding hedges (height and sight triangle restrictions are common), yet it is extremely rare to find regulations that address the issue of hedges that encroach onto neighboring lots.
4. A response from the Planning Advisory Service, part of the APA, concluded that it has no easy solution. Many communities consider the problem to be a civil matter between owners. A former editor of APA’s former publication Planning and Environmental Law was posed with our local dilemma, and responded with this quote… “This gets very messy very quickly. Where do we draw the line between tree/shrub/large fern/ornamental grasses, etc? Does it matter how it got there? And how would we track that? Do we really want to encourage vegetation-free zones along all property lines? I recommend the city, unfortunately, not get involved.”
5. An appeal to neighboring communities proved fruitless, except that interest was expressed with sharing a solution if one was found.
6. The internet search proved time-consuming and somewhat frustrating. Most communities had nothing of value in this regard, yet a few examples were found as described below. Language was found in Surfside, Florida reading as follows:
“Hedges planted along property lines shall be maintained and neatly trimmed to prevent growth extended across the property line or otherwise encroaching on an adjacent property. In the event of any discrepancy as to whether healthy, neat and orderly appearance is being maintained shall be determined by the town manager or designee.”
Santa Monica, California has code language reading as follows:
“The owner of a hedge shall maintain the hedge so that it does not encroach onto the property of an adjoining property owner. If any portion of a hedge, including its roots, encroaches onto the property of an adjoining property owner, the adjoining property owner shall, after giving thirty days notice and opportunity to cure, have the right to remove those portions of the hedge that encroach on his/her property back to the property line so long as he/she acts reasonably and the removal does not cause unnecessary injury. The adjoining property owner shall have the right to file a civil action to recover all costs reasonably incurred in removing the encroaching portion of the hedge.”
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While helpful, they each miss the mark. The Surfside example touches upon the issue, but stops shy of defining an ultimate fix. The Santa Monica example reflects the civil action response provided by the APA.
The single, most specific Code provision found that addresses hedge maintenance responsibility as well as the issue of access to abutting lots was found in St. Petersburg, Florida. Language in that city’s landscape code reads as follows:
“The owner of a property where a fence, wall or hedge is located is responsible for maintenance of both sides. Nothing in this section shall be construed to grant any right of entry to an adjoining property which is under separate ownership for the purpose of maintaining a fence, wall or hedge. Nothing in this section shall be construed as creating an obligation to maintain a fence, wall or hedge if access to an adjoining property is necessary for maintenance work and the owner of the adjoining property fails or refuses to grant a right of entry to the owner of the fence for such work at reasonable times despite a request for such right of entry.”
The St. Petersburg ordinance seems to hit upon all elements of the problem. The originating owner is responsible for maintenance of hedges on both sides, yet access to the abutting lot is not automatic unless the neighbor consents. I contacted the City to determine if the Code has proven successful. An email response was received from the Operations Manager of Codes Compliance Assistance. It simply read “We have closed cases and not pursued enforcement when a neighbor refuses to grant access.” This response implies that encroaching hedges are referred to Code Enforcement for necessary correction, and that punitive action is taken against an offending owner if access onto abutting property is not denied. When access onto abutting property is denied, then the City stops further enforcement action.
CONCLUSION
Staff will be happy to assist further if ORS provides such direction. If the St. Petersburg (or other regulatory example) option is favorably viewed by the Committee, then our Town Attorney should be given the opportunity to opine on its consequences. cc: Skip Randolph, Town Attorney Nick Caristo, Town Code Enforcement John Lindgren, Planning Administrator Paul Castro, Zoning Administrator
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TOWN OF PALM BEACH Information for ORS Committee Meeting on: November 5, 2015
To: Ordinances, Rules, & Standards Committee
From: Jay Boodheshwar, Deputy Town Manager
Re: ORS Committee Meetings from November 2015 to May 2016
Date: October 29, 2015
STAFF RECOMMENDATION
Staff recommends approval of the updated ORS meeting schedule for the period of November 2015 to May 2016.
GENERAL INFORMATION
Following up from the September 11, 2015, ORS meeting, staff has prepared a meeting schedule for the period of November 2015 to May 2016. The meeting dates and tentative agenda items are as follows:
November 5, 2015 @ 2:00pm Expansion of Bike Racks throughout Town - TMO Review Resident Inspector in Chapter 18 - PZB Review Resident Inspector in Chapter 18 - PZB Review Proposed Modifications to Chapter 66 - PZB Prohibition of Barges and Other Floating Structures from Mooring in Town Waterways - PD Review Maintenance Responsibilities for Landscaping Encroaching on Adjacent Properties - PZB
December 7, 2015 @ 2:00pm Review Proposed Exterior Lighting Standards - PZB Review Potential Regulation of Drones - PD Review Concerns about Grass Protectors in Right-of-Way - PZB Update on FEMA Flood Maps and Review of Proposed Modifications to Chapter 50 - PZB
January 7, 2016 @ 9:30am Review Chapter 10 Regarding Animals - TMO Review Waste Management Fees - FIN
February 4, 2016 @ 9:30am Agenda Items TBD
March 3, 2016 @ 9:30am Agenda Items TBD
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April 7, 2016 @ 9:30am Agenda Items TBD
May 5, 2016 @ 9:30am Agenda Items TBD cc: Thomas G. Bradford, Town Manager Department Directors John C. Randolph, Town Attorney Veronica Close, Assistant Director of Planning, Zoning and Building William Bucklew, Building Official Paul Castro, Zoning Administrator Cpt. Ann-Marie Taylor, Police Department Lt. Nicholas Caristo, Police Department Susan Owens, Town Clerk
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