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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2023-014Temp. Ord. No. 2530 June 28, 2023 Page 1 of 61 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2023- 0/G AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AMENDING CHAPTER 10, ARTICLE 4, OF THE LAND DEVELOPMENT CODE OF THE CITY OF TAMARAC, FLORIDA, ENTITLED "DEVELOPMENT AND DESIGN STANDARDS", BY MAKING CERTAIN DELETIONS AND ADDITIONS, BY SPECIFICALLY AMENDING SECTION 10-4.4, ENTITLED "LANDSCAPING AND TREE PRESERVATION", TO ALLOW THE CITY OF TAMARAC TO ADOPT AND ENFORCE ITS OWN TREE PRESERVATION REGULATIONS, BY PROVIDING FOR COMPARABLY STRINGENT REQUIREMENTS AND STANDARDS TO THE BROWARD COUNTY CODE OF ORDINANCES, CHAPTER 27, ARTICLE XIV, ENTITLED "TREE PRESERVATION AND ABUSE ORDINANCE", BY SPECIFICALLY COMPLYING WITH SECTION 27-407, ENTITLED "MUNICIPAL CERTIFICATION"; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article VIII, Section (1)(f) of the Florida Constitution and Section 125.01, Florida Statutes, grants local municipalities broad home rule authority to adopt ordinances to provide for the health, safety, and welfare of the general public, and WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac ("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions as may be required for the proper governing of the City; and WHEREAS, at the February 13, 2023 Strategic Planning session, the City Commission of the City of Tamarac directed the City's Community Development CODING: Words in strike throe type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 2 of 61 Department Staff to reassess the process and develop the appropriate mechanism to move the City in the direction of having more autonomy over its own tree preservation enforcement program; and WHEREAS, Chapter 27, Article XIV of the Broward County Code of Ordinances, entitled "Tree Preservation and Abuse Ordinance" lays the groundwork for the protection, preservation, and prevention of the abuse of trees in Broward County, and provides for minimum stringency requirements for the municipalities of Broward County to apply for and receive municipal certification to enforce their own landscaping and tree preservation ordinances within their municipal boundaries, as specifically stipulated in Sec. 27- 407 entitled "Municipal Certification"; and WHEREAS, it is desirous that the City has more autonomy over its own landscape and tree preservation program as part of its beautification efforts which include landscaping, trimming and relocation of trees, clean streets, and uniform standards City- wide; and WHEREAS, the proposed amendment is in alignment with the "Tamarac is Home" Strategic Goal #1, and "Tamarac is Vibrant" Strategic Goal #4 by ensuring that the City's landscaping is well maintained and its trees are protected, preserved and not subjected to abuse, which ultimately enhances the City's beautification efforts; and CODING: Words in stroke throug-h type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 3 of 61 WHEREAS, the City's adopted Comprehensive Plan, Future Land Use Element, Objective 1 requires the City to administer and adopt appropriate land development code revisions, amending them as needed to respond to changing conditions; and WHEREAS, the Director of Community Development recommends approval of the ordinance amendment; and WHEREAS, the City Commission of the City of Tamarac finds that amending Chapter 10, Section 10-4.4 entitled, "Landscaping and Tree Preservation" of the Code to allow the City to apply for and receive municipal certification from Broward County to adopt and enforce the City's own landscaping and tree preservation ordinance within the City's municipal boundaries to be in the best interest of the citizens, residents, and visitors of the City of Tamarac. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AS FOLLOWS: SECTION 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2. That Chapter 10, Section 10-4.4 entitled, "Landscaping and Tree Preservation" of the Land Development Code of the City of Tamarac, Florida is hereby amended as follows: CODING: Words in strobe throug-h type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 4 of 61 10-4.4 Landscaping and Tree Preservation (A) Purpose - This section contains the minimum standards for the development, installation, and maintenance of landscaping and screening and the preservation of trees within the City of Tamarac. The intent of this section is to protect apA, eRha^Ge, and preserve the quality of the air, water, soil, wildlife habitats, and other natural resources, as well the , as enhance property values, and aesthetic qualities in the City, while promoting the general public health, safety, and welfare of its residents and visitors. The City also recognizes that Improper tree care and removal have a detrimental effect that causes or cumulatively worsens environmental deterioration, air and water pollution, and blight. These standards ensure landscaping is an integral part of every development that will: (1) Conserve existing landscaping and natural vegetation while maintaining, preserving, expanding and enhancing the existing tree canopy in the City, and protecting the natural environment and beauty of the City by regulating the unnecessary destruction, removal, or damaging of desirable trees and plant life; (2) Mitigate against erosion and sedimentation by stabilizing the soils through the cultivation and protection of root systems that hold and consolidate soil and other loose earthen materials as well as restore soils and land bared as a result of construction or grading; (3) Reduce stormwater runoff and associated impacts by intercepting, dispersing, and absorbing rainfall, slowing down surface flow, filtering pollutants from runoff, and conserving water supplies by allowing more rainfall to stay in the water table, minimizing water used for landscaping maintenance; (4) Encourage building and paved surface cooling through shading and the channeling of breezes, thereby helping to offset global warming and lowering ambient temperatures through transpiration; (5) Contribute and encourage of air movement, air purification, and oxygen regeneration by removing carbon dioxide and pollutant gases from the air and producing oxygen that helps dilute air pollutant concentrations; (6) Stimulate economic development by increasing the City's attractiveness and quality of life for shoppers, visitors, residents, and employers through incorporating human scale into the urban environment by breaking up the visual impact of structures and parking lots while providing a sense of privacy from neighbors and public rights -of -way; CODING: Words in stroke through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 5 of 61 (7) Maintain the continued vitality of natural habitats for the propagation and protection of wildlife, birds, game, fish, and other aquatic life; (8) Buffer excessive or undesirable impacts from street traffic or adjacent land uses and activities by absorbing and deflecting sounds, limiting glare created by exterior lighting, and screening undesirable views; and (9) Support the core components of crime prevention through environmental design (CPTED) through natural surveillance, access control, and territoriality. (B) Documents Incorporated by Reference The following documents, as amended, are adopted as standards and are incorporated by reference in this Section: The American National Standards Institute ("ANSI") A-300 Standards for Tree Care Operations: Tree, Shrub and Other Woody Plant Maintenance -Standard Practices, and Z133.1-2006, Arboricultural Operations: Pruning Trimming, Repairing, Maintaining, and Removing Trees and Cutting Brush - Safety Requirements; Florida Department of Agriculture and Consumer Services Division of Plant Industry, Grades and Standards for Nursery Plants; Nelda Matheny and Jim Clark, Trees and Development: A Technical Guide to Preservation of Tree During Land Development; Council of Tree and Landscape Appraisers, Guide for Plant Appraisal, Tenth Edition, 2019; Richard Harris, Arboriculture Integrated Management of Landscape Trees Shrubs and Vines, Fourth Edition; Gary W. Watson and E.B. Himelick Principles and Practices of Planting Trees and Shrubs; Florida Urban Forestry Council's poster, Selecting and Planting Trees for the South Florida Urban Forest; and Florida Power and Light's brochure, Plant The Right Tree In the Right Place South Florida version; Timothy K. Broschat & Alan W. Meerow, Betrock's Reference Guide to Florida Landscape Plants, Third Printing, 1994; Edward F. Gilman Trees for Urban and Suburban Landscapes, 1st Edition, 1997; and Dr. George K. Rogers Landscape Plants For South Florida: A Manual For Gardeners Landscapers & Homeowners 1st Edition, 2009; and Florida Invasive Species Council's List of Invasive Plant Species. (C) Definitions When a word term or phrase is not defined herein, the definitions set forth in_§10- 4.4 of the Code and publications recognized as authoritative in the scientific and engineering fields as applicable shall apply. Such publications shall include the publications incorporated by reference in Section (C) of this section. The following words phrases and terms when used in this section shall have the indicated meanings: CODING: Words in sq+riLo through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 6 of 61 Breast height means a height of four and one-half (4'/2) feet above the natural grade. Canopy coverage means the areal extent of ground within the drip line of the tree. Conservation easement means a right or interest in real property as defined in 704.06, F.S., as amended. Department. City of Tamarac Community Development Department Destruction of the natural habit of growth means pruning that causes irreparable damage and permanent disfigurement to a tree such that, even with regrowth, the tree will never regain the original characteristics of its tree species; or pruning which amounts to tree abuse as defined herein that results in the death of the tree. Diameter breast height (DBH) means the diameter of the trunk of a tree measured at breast height. The DBH of trees with multiple trunks shall be the sum of the individual trunk diameters at breast height. Trees with less than four and one-half (4'/2) feet of clear trunk shall be measured as the diameter of the largest vertical branch or leader at breast height. Director means Director of Community Development. Drip line means the peripheral limits of the horizontal crown of a tree spread vertically to the ground; provided, however, that the same shall not be less than a circle with a five-foot radius measured from the center of the tree. Effectively destroy means to cause, suffer, allow or permit any act which will cause a tree to die or go into a period of unnatural decline within a period of one (1) year from the date of the act. Acts which may effectively destroy a tree include, but are not limited to, damage inflicted upon the root system by heavy machinery, excessive trimming, changing the natural grade above the root system or around the trunk, damage inflicted on the tree permitting infection or pest infestation, application of herbicides or other chemical agents or intentional fire damage to the tree permitting infection or pest infestation, the infliction of a trunk wound that is 50 percent or greater of the circumference of the trunk, or the removal of sufficient canopy to cause the unnatural decline of the tree. Environmentally sensitive land means a land designation as defined in the Broward County Land Use Plan. Hatrack shall mean to sever the leader or leaders, or to prune a tree by stubbing of mature wood. Historical tree means a particular tree or group of trees which has historical value because of its unique relationship to the history of the region, state, nation or world as designated by the City Commission. CODING: Words in strike threugh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 7 of 61 Horizontal plane shall mean an imaginary line that begins at the base of the live frond petioles. Land clearing means the clearing of vegetation and soils for the purpose of land development activities. This includes, but is not limited to, construction for buildings, rights -of -way, utility easements, access or drainage ways, parking lots and other structures, rock mining, the control of weeds or the initial clearing of vegetation to enhance property value or agricultural activities that involve the removal of trees as defined by this section. Local area of particular concern means a land designation as defined in Section 5- 182(j) of the Broward County Land Development Code, as amended. Mitigation means to compensate for impacts to tree(s). Natural Forest Community means a vegetated area generally comprised of a canopy, subcanopy and groundcover, and which meets the criteria for the classification of an area as a Natural Forest Community under Chapter 27, Article XIV, Section 411 of the Broward County Code of Ordinances. Natural Resource Area means a land designation as defined in Article IX, Section 5-280 of the Broward County Land Development Code, as amended. Owner -occupied means a dwelling in a habitable condition occupied by the owner of record, as the owner's primary residence and holding a valid Certificate of Occupancy. Overlift means the removal of the majority of the inner lateral branches and foliage thereby displacing weight and mass to the ends of the branches. The alteration of the tree's live crown ratio may be considered as evidence of overlifting Person means any natural person individual, owner, operator, public or private corporation, firm, association, joint venture partnership, municipality, governmental agency, political subdivision public or private utilities, public officer, responsible party or any other entity whatsoever, or combination thereof, of whatever kind. Preservation area means the portion of a Natural Forest Community which shall be preserved in perpetuity, pursuant to a tree removal license. Protective barrier means conspicuously colored fences or like structures constructed of sturdy materials that are at least four (4) feet in height which prevent or obstruct passage. Power line or power lines means a cable carrying electrical power that is supported by poles or pylons. Prune or trim means to cut away, remove, cut off or cut back parts of a tree. CODING: Words in strike throe h type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 8 of 61 Remedial action means a corrective action required to offset the impacts of Tree Abuse, as defined herein. Remedial pruning means the cutting and trimming of branches and foliage so as to alleviate the danger of the tree damaging power lines, consulting with American Natural Standards Institute ("ANSI") A300 (Part 1)-2001 Pruning Standards, as amended, and ANSI Z133.1-2000 Pruning, Repairing, Maintaining, and Removing Trees, and Cutting Brush —Safety Requirements, as amended. Removal means to cut down, dig up, destroy, effectively destroy, or the unlicensed relocation of any tree. Resource Management Plan means a plan that will enhance a preservation area of a Natural Forest Community to compensate for the development of a portion of the Natural Forest Community. Right Tree, Right Place Guidelines shall mean those guidelines for planting trees near power lines, published within Florida Power & Light Company's "Right Tree, Right Place" brochure. These guidelines require that trees be placed as follows: (1) Trees, including palms, less than twenty (20) feet in height at maturity may not be planted under power lines. (2) Trees, other than palms, twenty (20) feet to thirty (30) feet in height at maturity shall be planted at least twenty (20) feet away from power lines. (3) Trees, other than palms, greater than thirty (30) feet in height at maturity shall be planted at least thirty (30) feet away from power lines. (4) Palm trees greater than twenty (20) feet in height at maturity shall be planted either twenty (20) feet or at one (1) maximum palm frond length plus ten (10) feet away from power lines, whichever is greater. Shape means the regular and frequent shearing of outer tree branches, making pruning cuts of one inch in diameter or less, for the purpose of controlling the size and shape of the tree canopy. Shearing means the cutting of many small diameter stems of one U inch in diameter or less. Specimen tree means any tree which has a DBH of eighteen (18) inches or greater with a condition rating of sixty percent (60%) or greater in accordance with the condition rating guidelines as specified in the Guide for Plant Appraisal, 9th edition, as amended; with the exception of the following: (1) Non-native fruit trees that are cultivated or grown for the specific purpose of producing edible fruit, including, but not limited to: mangos, avocados, or citrus. CODING: Words in type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 9 of 61 (2) Species of the genus Ficus except F. aurea (strangler fig), F. laevigata (short leaf fig), F. rubiginosa (rusty fig or rusty leaf fig), F. jacguinifolia; (3) All multi -trunk palms. (4) Trees that are in poor condition or form as determined by the Community Development Department. Structure means anything built or constructed. Examples include, but are not limited to, buildings, trailers, fences, billboards, swimming pools, poles, pipelines, ditches, roads, utility installation, transmission lines, track and advertising signs. Subcanopy means an intermediate level of trees and other vegetation within a Natural Forest Community. Substantial deviation means any proposed modification or modification to a development, a license or a license application which, either individually or cumulatively with other changes creates a reasonable likelihood of additional environmental impact as covered by the scope of this section, or any change or proposed change that may result in any impacts on trees or Natural Forest Communities not previously reviewed by the Community Development Department as covered by the scope of this section. Topiary pruning means the practice of pruning a tree into an ornamental shape by pruning branches one inch in diameter or less. Tree means any living self-supporting dicotyledonous or monocotyledonous woody perennial plant which has a DBH of no less than three (3) inches and which normally grows to an overall height of no less than ten (10) feet in Southeast Florida. Tree canopy means the upper portion of the tree consisting of limbs, branches, and leaves. Tree removal license means a written authorization with conditions issued by the Community Development Department to remove or relocate a tree. Tree survey means a document signed and sealed by a Florida Registered Land Surveyor meeting the requirements of Section 472.025, Florida Statutes, as amended, which must provide at a minimum, the following information: (1) The location plotted by accurate techniques of all existing non -nuisance trees; (2) The common and scientific name of each tree; (3) The DBH of each tree or if a multiple -trunk tree the sum DBH for all trunks; and (4) Canopy coverage. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 10 of 61 Unacceptable risk means tree removal is the only means of practically mitigating a tree's risk rating to below moderate, as determined by the tree risk assessment procedures outlined in International Society of Arboriculture's Best Management Practices -Tree Risk Assessment, Second Edition (2017). Urban Wilderness Inventory Area means an area of land included in the Urban Wilderness Inventory pursuant to Section 25'/2-27 of the Broward County Code of Ordinances, as amended. Wildlife utilization means an area used by wildlife for habitat/feeding. D) General Prohibitions Unless otherwise authorized by this section, no person shall cause, suffer, permit or allow: (1) The removal of any Historical tree without first obtaining approval from the City Commission to conduct the removal. (2) The removal of any tree without first obtaining a tree removal license from the Department as herein provided. (3) Tree abuse as defined by this section. () Any encroachments, excavations, or change of the natural grade within the drip line of a tree unless it can be demonstrated to the Department prior to the commencement of said activity, that the activity will not negatively impact any tree. (5) Land clearing or the operation of heavy equipment in the vicinity of a tree without placing and maintaining a protective barrier around the drip line of the tree. The protective barrier shall be conspicuous enough and high enough to be seen easily by operators of trucks and other equipment. (6) The storage or use of materials or equipment within the drip line of any tree, or attachments, other than those of a protective and non -damaging nature, to any tree. (7) Land clearing, including the removal of understory, in an area designated as a Natural Forest Community without first obtaining a letter of authorization or a Tree Removal License from the Department as herein provided. (E) General Exemptions CODING: Words in strike threug# type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 11 of 61 (1) During emergency conditions caused by a hurricane or other natural disaster, the provisions of this Section may be suspended by the direction of the City Manager. (2) Nuisance Trees. Nuisance trees as defined by this section are exempt from the prohibitions set forth in subsection (D) provided that no condition is created which poses an imminent threat to public safety or property. In such cases, the nuisance tree shall be removed to alleviate any threat. Failure to remove said tree after warning from the Department shall constitute a violation of this section. (3) Tree Risk. The pruning, trimming, removal, or replanting of, or mitigation for impacts to, a tree on residential property is exempt from any notice, application, approval, permit, fee, or mitigation requirements of this Section if the property owner possesses documentation from an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that the tree poses an unacceptable risk to persons or property. This exemption implements and adopts by reference Section 163.045, Florida Statutes, as amended, including, but not limited to, the definitions of documentation and residential Property, and the standards therein for determining whether a tree poses an unacceptable risk. This exemption does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to Sections 403.9321 through 403.9333, Florida Statutes, as amended. (F) Tree Removal License Requirements and Standards (1) License Requirements: (a) Unless otherwise exempted by this section, a person shall obtain a tree removal license prior to relocating or removing a tree. b) Unless otherwise exempted by this section, anv person who removes a tree or who negatively impacts a Natural Forest Community in violation of this section shall be required to offset any environmental impacts through mitigation. (c) Exemptions from Licensing: Unless otherwise prohibited by the City Code, the following activities are exempted from the licensing requirements of this section provided that no nuisance or any condition which adversely affects the environment or public health is created, and provided that the activity does not violate any provisions of the City Code, or Broward County, or federal, state: CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 12 of 61 i. Removal of any tree that is hazardous to the extent that its continued existence creates an imminent threat to public safety or property. In order to claim this exemption, the owner of the property must document by photographs or other evidence that such condition(s) existed prior to the removal of the tree. In the case of Natural Forest Communities, specimen trees or historic trees, documentation of the condition must be presented to the Department within forty-eight (48) hours of removal; ii. Removal of any tree on owner -occupied residential properties of one (1) acre or less developed for detached single-family and duplex usage, except the following: A. Previously preserved, relocated or replaced trees that were preserved, relocated or replaced pursuant to a tree removal license; or B. Historical or specimen trees; iii. Removal of trees by all City and Broward County -licensed nurseries, botanical gardens and commercial grove operations, but only in relation to those trees which are planted and arown for the sale or intended sale to the general public in the ordinary course of the licensed business; iv. Removal of trees by all governmental and private nurseries with respect to trees which have been planted and arown for future relocation: v. Removal of trees, except historical or specimen trees, by franchised utility companies other than electrical utilities. provided that: A. The utility company provides written notice to the Department and the record owner of the property on which the trees proposed to be removed are located of the intent to remove trees; the written notices shall be delivered, at minimum, fifteen (15) days prior to the intended tree removal; and B. The utility company can demonstrate to the Department prior to tree removal that: 1. The tree will cause a continual disruption of service. A specimen palm tree may be removed under this exemption; 2. The easement or property was in actual use conveying utilities prior to the effective date of this section; and 3. The threat of service interruption cannot be remedied by tree pruning in accordance with standards as set by the American National Standards Institute, as amended; CODING: Words in type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 13 of 61 vi. Removal of a tree by an electrical utility company if the tree is located within the electrical utility company's right-of-way or utility easement where power lines are located. The electrical utility company may also remove a tree outside of its right-of-way or utility easement if the tree does not comply with the Right Tree, Right Place Guidelines. In the case of the removal of specimen trees or historical trees, the electrical utility shall document by photographs or other evidence that the tree does not comply with the Right Tree, Right Place Guidelines prior to removal of the tree and must present such documentation to the Department within forty-eight (48) hours after removal; vii. Removal of a tree on private property by the private property owner if the tree does not comply with the Right Tree, Right Place Guidelines. Except as provided for in this subsection, the owner of the property must document by photographs or other evidence that the tree is not in compliance with the Right Tree Right Place Guidelines prior to removal. In the case of Natural Forest Communities, specimen trees, or historical trees, documentation of the condition must be presented to the Department within forty-eight (48) hours after removal. The collection and presentation of documentation shall not be required if the private property owner has received a notice of violation for the tree; or viii. Removal of nuisance trees. (2) License Application Requirements: a) Application forms: A license application for removing or relocatinq trees shall be submitted by a property owner or authorized agent of the owner, on City approved application form(s). (b) Fees: The license application must be accompanied by the required fee(s) as established by the City. License application fees are non-refundable and non -transferable. (c) Required application data: The license application must be accompanied by documents and drawings as required by the Department that describe the proposed activities to be performed in sufficient detail to meet the standards in this section and to clearly identify all potential impacts to the environment and public health. Application data required shall include, but is not limited to: i. A map showing the size and location of the site where the licensed activities are to be conducted; ii. A starting date and duration of the proposed activities; CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 14 of 61 iii. A brief description of the work to be performed, including a drawing of the proposed work or a certified site plan, as determined by the Department, showing the location of all existing or proposed buildings, structures, and site uses; iv. For development on undeveloped property or for redevelopment of property, a certified tree survey and site plan of identical scale designating those trees which are proposed to be preserved, relocated, or removed is required. All tree survey(s) or site plan(s) must be prepared by a person(s) qualified to do so under the Laws of Florida; v. The legal description of the site. 3) Licensina Standards for Tree Removal. Relocation. and Realacement: (a) Any person conducting tree removal activities shall only remove a tree or trees from a site as approved for removal in a City tree removal license. (b) Damage to any other tree or trees on the site during tree removal activity shall constitute a violation of this section. (c) An applicant may be eligible to receive a tree removal license if one of the following considerations is present: i. Whether a proposed development cannot be located on the site without tree removal; ii. Whether the applicant has made every reasonable effort to incorporate existing trees in the development project and to minimize the number of trees removed; iii. Whether a tree proposed to be removed is of poor quality and condition; iv. Whether a tree proposed to be removed is obstructing safe vehicular cross visibility; v. Whether a tree proposed to be removed is damaging existing improvements; vi. Whether a tree proposed to be removed is creating ongoing safety problems for existing development; vii. Whether a tree proposed to be removed is growing too close in proximity to another tree(s) to permit normal growth and development of the affected trees ; or viii. Whether a tree proposed to be removed is listed on the Florida Exotic Pest Plant Council's List of Invasive Plant Species, as amended. CODING: Words in stroke threug# type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 15 of 61 If an application meets the above criteria. the Department will prior to issuina an tree removal license conduct a tree relocation evaluation pursuant to §10- 4.4(F)(4). (d) Removal or relocation of a tree or trees found in an area designated as a Natural Forest Community shall be conducted pursuant to Broward Code of Ordinances, Chapter 27, Article XIV, Section 411(b) in addition to the requirements of Chapter 27, Article XIV, Section 408. (4) Tree Relocation Evaluation: (a) For tree relocation, the Department shall make the following evaluations: i. A tree which meets the criteria for removal as specified in §10-4.4(F)(3)(c) shall be relocated, unless it is demonstrated that relocation is not a viable alternative for a particular tree. If relocation is not a viable solution, the applicant shall replace a removed tree, pursuant to the requirements set forth in this section: and ii. Whether relocation is on the property or off the property, due to lack of available space on the property. Where relocation is to occur onto another Property, written authorization from the property owner shall be required. (5) Tree Relocation Requirements: Any person conducting tree relocation activities shall: (a) Not unnecessarily damage any other tree or trees remaining on -site while relocating a tree: (b) Relocate a tree so that it will not interfere with existing or proposed utilities, either above or below ground. Relocated trees shall be in compliance with the Right Tree, Right Place Guidelines. (c) Relocate a tree to an area with adequate space for root and canopy development; (d) Ensure successful relocation and transplanting of trees by adhering to the following guidelines for transplanting a tree: i. Any tree being relocated shall not be unnecessarily damaged during removal, transport or replanting of that tree: ii. If a tree has a dormant period it should be transplanted during that time. A tree should not be transplanted during periods of strong, dry winter winds or during droughts; iii. Adequate space for root and canopy development shall be provided: CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 16 of 61 iv. Prior to transplanting, the tree shall be root and canopy pruned according to sound arboricultural standards. All crown pruning shall be done in accordance with standards set by the American National Standards Institute, as amended; v. During and following transplanting of a tree, the root ball and trunk shall be protected. The root ball must be kept moist at all times; vi. A transplanted tree shall be braced for at least one (1) year after its relocation; and vii. A transplanted tree shall be fertilized as appropriate and shall be watered sufficiently until tree arowth is re-established. 6) Tree Relocation Mai ntenance/Monitorina Reauirements: Anv person conducting tree relocation activities shall: (a) Maintain the health of a relocated tree for a period of one (1) year from the date of planting; (b) Replace, within sixty (60) days, a relocated tree that dies or is determined by the Department to be effectively destroyed within one (1) year of being relocated. The one (1) year maintenance period shall begin anew whenever a tree is replaced. For projects that include the relocation of ten (10) or more trees, a ten (10) percent mortality allowance will apply. If ninety (90) percent or more of the relocated trees are determined to be viable after a period of one (1) year, the project shall be considered successful and replacement trees will not be required for the remaining ten (10) percent of the trees that die or are in a state of decline; and (c) Remove all strapping and bracing material from all relocated trees at the end of the one (1) year monitoring period. This should normally occur after seven (7) months for broad leaf trees and twelve (12) months for palm trees. Exemptions to this rule shall require the Department's approval. (7) Tree Relocation Bond Requirements: (a) Unless otherwise exempted by this section, any person conducting tree relocation activities involving specimen trees must post a bond to insure the survival of specimen trees designated for preservation. Said bond shall meet the approval of the City Attorney and may be in the form of a letter of credit drawn upon banks or savings and loan institutions legally doing business in the State of Florida, cash bonds issued by an insurance company legally doing business in Florida or other acceptable means as approved by the City Attorney. This bond shall be in addition to any other bond that may be required by any other governmental entity, CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 17 of 61 b) Determination of the bond amount shall be computed based upon the most current version of the Guide for Plant Appraisal, published by the International Society of Arboriculture. (c) Government entities are exempt from bond requirements. (d) Release of Bonds: i. Tree relocation bonds will be released upon successful tree relocation as set forth in §10-4.4(F)(6) and written approval by the Department. Bonds involving specimen trees shall be released upon completion of construction activities, if it is determined by the Department that the tree(s) is/are not effectively destroyed. ii. Bonds may be released by the Department when a tree removal license is transferred. The Department may condition the release of the bond upon the posting of a new bond by the subsequent licensee. (e) Drawing on Bonds: i. If a tree is determined by the Department to be effectively destroyed within one year from the date of relocation the bond shall be drawn upon and funds will be deposited into the City Tree Preservation Fund. (8) Tree Replacement in Lieu of Tree Relocation: (a) When it is determined by the Department that tree relocation cannot be accomplished, an applicant shall replace trees pursuant to_§10-4.4(F)(9). (9) Tree Replacement Requirements: (a) Tree Replacement Requirements for Non -Specimen Trees: i. If the Department determines that a removed tree cannot be successfully relocated said tree shall be replaced to compensate for lost tree canopy coverage. ii. The following criteria shall be used by the Department to determine the tree replacement requirements: A. The tree canopy coverage of a site shall be determined using any combination of the following methods: aa) Review of aerial photography; b) On -site inspection; and/or c) Review of a tree survey. B. A tree that is successfully relocated pursuant to §10-4.4(F) need not be replaced. CODING: Words in stroke -t h type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 18 of 61 C. Native trees identified in Tables 10-5.0, 5.1, 5.2, 5.3 of this Section must be planted to replace native tree canopy coverage removed. D. For tree replacement requirements of one (1) to five (5) trees, a minimum of one (1) species shall be utilized as a replacement tree. For six (6) to ten (10) replacement trees required, a minimum of two (2) species shall be utilized. For eleven (11) to twenty (20) replacement trees required, a minimum of three (3) species shall be utilized. For twenty one (21) to fifty (50) replacement trees required, a minimum of four (4) species shall be utilized. For fifty one (51) or more replacement trees required, a minimum of five (5) species shall be utilized. E. Per §10-4.4(F)(3)(c)(i) and (ii), for trees removed prior to obtaining a Tree Removal License, and trees meeting development criteria, an additional fifty (50) percent tree replacement shall be required. F. Failure of an owner to replace a removed tree with an equivalent replacement within 60 days after being notified by the Department shall be a violation of this Code. G. No Improvement Permit shall be issued without an approved Tree Removal License. H. Removal, replacement, or relocation shall take place before a Certificate of Occupancy is granted. I. The number of required replacement trees shall be based upon the size of area of impact and the category of replacement trees selected by the applicant. The canopy of the replacement trees at maturity shall at least equal the canopy removed. The following table shall be used to determine the number of required replacement trees: Replacement Tree Category (See Tables 10-5.0, 5.1, 5.2, 5.3) Replacement Canopy Area Credit (In Square Feet) Category 1 Tree 300 Category 2 Tree 150 Category 3 Tree 100 Category 4 Tree 50 (b) Tree Replacement for Specimen Trees: i. A tree appraisal will be performed by the Department to determine the dollar value of any specimen tree approved by the Department for removal. This appraisal shall be pursuant to the Guide for Plant Appraisal CODING: Words in stroke through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 19 of 61 9th Edition, as amended, by the Council of Tree and Landscape Appraisers. ii. The Department will then calculate the number of replacement trees required to equal the appraised value of the specimen tree removed. This calculation shall include the purchase price of the replacement tree, plus installation costs. The applicant will be required to compensate the number of replacement trees indicated by the Department for the removal of the specimen tree(s). (c) Minimum Standards for Replacement Trees: i. All replacement trees shall be a minimum quality of Florida No. 1 grade or better, as identified in Grades and Standards, Florida Department of Agriculture; ii. Only trees listed in Tables 10-5.0 5.1, 5.2, 5.3 (Replacement Tree Species) shall be used as replacement trees. The applicant shall have the option of choosing the category of trees for replacement provided at least fifty (50) percent of the replacement trees are from Category 1 or Category 2 with respective size as follows: A. Category 1: Minimum of twelve (12) feet in height and two (2) inches DBH at time of planting; B. Category 2: Minimum of eight (8) feet in height at time of planting; C. Category 3: Minimum of six (6) feet in height at time of planting; D. Category 4: For replacement palm trees, a minimum of six (6) feet clear trunk or greywood at time of planting. iii. If the minimum tree size is commercially unavailable, smaller trees may be substituted with the approval of the Department. Additional credit may be given for the installation of larger trees, at the Department's discretion. (d) General Requirements for Replaced Trees: Any person conducting tree replacement activities shall: i. Refrain from unnecessarily damaging any other tree or trees remaining on site while planting or preparing the site for any replacement tree(s): ii. Plant the replacement tree so that it will not interfere with existing or Proposed utility lines or cables either above or below ground. A tree which may reach a height of thirty (30) feet shall not be planted within twenty (20) feet of an overhead powerline: CODING: Words in stripe through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 20 of 61 iii. Plant replacement tree species and use installation and maintenance methods that follow xeriscape principles, where practicable; iv. Plant a replacement tree in an area in conformity with the Right Tree, Right Place Guidelines. Large canopy trees from the Category 1 list (Live Oak, Mahogany, Black Olive, etc.) shall not be planted in parking lot islands less than ten (10) feet in width, or adjacent to buildings or in any small confined space with less than ten (10) feet of available rooting space or less than twenty (20) feet of available canopy space. Exceptions to this rule shall require the Department's approval; v. Complete tree replacement within the time frames specified in the Tree Removal License. (e) Maintenance/Monitoring Requirements for Replaced Trees: Any person conducting tree replacement activities shall: i. Maintain the health of a replacement tree for a period of one (1) year from the date of planting; ii. Replace within sixty (60) days any replaced tree that dies or is determined to be effectively destroyed within one (1) year of being planted, as determined by the Department. The one (1) year maintenance period shall begin anew whenever a tree is replaced. For projects that include the planting of one hundred (100) or more replacement trees, a ten (10) percent mortality allowance will apply. If ninety (90) percent or more of the replacement trees are determined to be viable after a period of one (1) Year, the project shall be considered successful and replacement trees will not be required for the remaining ten (10) percent of the trees that die or are in a state of decline; and iii. Remove all strapping and bracing material from all replaced trees at the end of the one (1) year monitoring period. (f) Remuneration in Lieu of Tree Replacement: If it is determined by the Department that the replacement is not feasible due to lack of available planting space, the following applies: i. The person conducting the tree replacement activity shall pay into the Citv Tree Preservation Trust Fund a replacement contribution in lieu of actual tree replacement; ii. The replacement contribution will be determined using a schedule for current value of replacement trees plus installation and maintenance as established by the Department; iii. Specimen tree calculations shall be in accordance with §10-4.4(F)(9)(b). CODING: Words in strikeoug-h type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 21 of 61 G) Construction and Land Clearing (1) General Requirements: Anv person enaaaed in construction or land clearin shall: (a) Clear vegetation within the drip line of trees designated for preservation only by hand or with the use of light rubber -wheeled equipment, which will not damage tree roots; said equipment shall be a maximum of forty-eight (48) inches wide, tire to tire, with a maximum weight of 3,500 pounds. (b) Utilize retaining walls and drywells to protect any tree to be preserved from severe grade changes. (C) Promptly repair any tree designated for preservation pursuant to a tree removal license which is damaged during construction by: i. Corrective pruning for damage to tree canopy; ii. Measures such as corrective root pruning, fertilization, and soil enhancements for damage to tree roots. (H) Tree Abuse 1) Tree abuse is prohibited in the Citv. Tree abuse includes (a) Hatracking a tree; or (b) Destroying the natural habit of tree growth; or (c) Pruning which leaves stubs or results in a flush cut; or splitting of limb ends; or (d) Removing tree bark to the extent that if a line is drawn at any height around the circumference of the tree, over one-third of the length of the line falls on portions of the tree where bark no longer remains; or (e) Using climbing spikes nails or hooks, except for purposes of total tree removal or as specifically permitted by standards set by the American National Standards Institute, as amended; or (f) Pruning that does not conform to standards or recommendations set by the American National Standards Institute, as amended; or (q) Pruning of live palm fronds which initiate above the horizontal plane; or (h) Overlifting a tree; or (i) Shaping a tree. CODING: Words in type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 22 of 61 (2) Exemptions from Tree Abuse: The following are exempt from the prohibition of tree abuse : (a) Topiary pruning when: i. The trees are located on owner occupied property developed for detached single family or duplex usage, or; ii. The trees were not installed to meet minimum landscape requirements and are identified on an approved landscape plan as appropriate for topiary pruning. b) Tree abuse necessary to alleviate a dangerous condition Dosina an imminent threat to the public or property provided that the threat cannot be remedied by pruning that is not defined as tree abuse; (c) Shaping of trees to protect property, such as buildings and infrastructure, in which there is adequate evidence accepted by the Department that shaping has occurred historically; or (d) Remedial pruning. (3) Remedial Measures for Tree Abuse: Any person that abuses a tree in violation of this section shall: (a) Undertake pruning and other remedial action as determined by the Department, not limited to the removal of severely abused trees to protect Public safety and property, and corrective pruning to improve the health and form of affected trees. A Tree Removal License shall be applied for by the violator(s) and/or property owner(s) and is required for the removal of severely abused trees. (b) Plant replacement trees pursuant to §10-4.4(F)(9) of the Code, if the natural habit of growth of the abused tree is destroyed. (1) Tree Preservation Trust (1) Establishment of the Trust Fund: The City of Tamarac Tree Preservation Trust Fund has been established for the purpose of accepting and disbursing the contributions made to the City as part of tree removal licenses, fees, and any other monies deposited with the City for tree preservation purposes. This fund shall be used to enhance tree canopy coverage in the City. (2) Term of Existence: The trust shall remain in existence unless specifically terminated by the Citv Commission. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 May 24, 2023 Page 23 of 61 (3) Trust Assets: All monies received hereunder from public or private concerns shall be placed in trust for and inure to the use and benefit of the City. (4) Trust Expenditures: Monies in the trust shall be expended, utilized, and disbursed for the planting of trees, administrative costs as designated by the Director, and any other ancillary costs associated with the planting of trees on public lands in the City. Ancillary costs shall not exceed twenty percent (20%) of the cost of the tree planting project, and shall include landscape design services, irrigation, additional landscaping, and any other items or materials necessary for the proper installation and maintenance of tree planting protects. These monies may also be used to cover the expense of relocation of trees to public lands in the City and the expense of periodically distributing saplings to the public to increase tree canopy coverage in the City. (5) Trust Administration: (a) Trust funds shall be expended, utilized, and disbursed only for the purposes designated by the Department in accordance with this section. (b) All monies deposited hereunder shall be deposited in the trust, in a separate account established and maintained apart from the general revenue funds and accounts of the City. (c) Monies obtained hereunder may be accepted on behalf of the City by the Director or designee and upon receipt, shall be delivered to the City's Financial Services Department which shall cause the same to be credited to the trust. (8J) Landscape Plan Required (1) A landscape plan shall be included as part of any application as required for Site Plan Approval (§10-5.4(H)), Improvement Permit (§10-5.4(l)) or Building Permit (§10-5.4(N)), subject to the standards in this section. Landscape plans shall be prepared in accordance with the requirements of the Administrative Manual and shall be approved by the Director, Planning Board, and City Commission, as appropriate. (2) Landscape plans shall be prepared and sealed by a landscape architect or other authorized person pursuant to F.S. Ch. 481, as amended from time to time. (3) All required landscaping shall be maintained in accordance with the approved landscape plan, including approved specifications for plant size, number, location, and type of landscaping material. (4) All plant material shown on an approved landscape plan shall be replaced if it dies, is seriously damaged, or removed. CODING: Words in strike threugh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 May 24, 2023 Page 24 of 61 (5) No final Certificate of Occupancy shall be issued by the City unless the landscaping requirements are met as evidenced by an approved final landscaping inspection by the G#y--Department. (GK) General Requirements for All Landscaping (1) Plant Material. All required plant material shall be Florida Grade #1 or better, in accordance with Grades and Standards for Nursery Plants (Florida Division of Plant Industry). (a) All plant material shall, to the greatest extent possible: (i) Be based on the plant's adaptability to the landscape area, desired effect, color, texture, and ultimate plant size; (ii) Be frost- and drought -tolerant, and grouped in accordance with their respective water and maintenance needs; (iii) Be appropriate for the ecological and urban setting in which the materials are to be planted, including the shielding of buildings from the sun, from radiating surfaces such as parking areas, and as a screen for noise abatement; (iv) Be commercially available; and (v) Comply with CPTED principles. (b) All minimum dimensions of landscaped material refer to dimensions at the time of planting. (c) Growth of plant material at maturity shall be considered prior to planting to ensure no future conflicts arise related to views, signs, overhead and underground utilities, security lighting, fire access, drainage easements, pedestrian walkways, and traffic circulation. (d) All landscaped areas shall be maintained free of nuisance species, including natural areas within developed property. The following species are considered nuisance species: I. Schinus terebinthifolius (Brazilian pepper tree/Florida holly). II. Metopium toxiferum (poison wood). III. Melaleuca quinquenervia (caleput tree/melaleuca). IV. Casuarina spp. (Australian pine, all species). V. Bischofia iavanica (bischofia, bishopwood). VI. Acacia auriculaeformis (earleaf acacia). VII. Araucaria excelsia (Norfolk Island pine). VIII. Brassia actinophylla (schefflera). CODING: Words in strike threugh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 May 24, 2023 Page 25 of 61 IX. Leucaena leucocephala (lead tree). X. Cupaniopsis anacardiopsis (carrotwood) (2) Native Vegetation and Diversity (a) All landscaped areas shall include placement of native vegetation in substantial conformity with the principles outlined in The Florida -Friendly Landscaping Guide to Plant Selection & Landscape Design (University of Florida) and the Administrative Manual. (b) The City encourages use of the Xeriscape Landscaping Principles as included in the South Florida Water Management District's publication Waterwise, South Florida Landscapes, Landscaping to Promote Water Conservation Using the Principles ofXeriscape, which is hereby incorporated by reference into this section, amended from time to time. (c) Existing healthy and well -formed trees and understory vegetation may be preserved and may be used toward meeting the requirements of this section to the extent that they meet the minimum standards. (d) Plant species identified as invasive species in List of Invasive Plant Species (Florida Exotic Pest Plant Council) are prohibited. (e) The eradication of nuisance vegetation is required on all sites including but not limited to abutting rights -of -way and privately owned natural areas, prior to the issuance of a final Certificate of Occupancy or final approval of any structural modification including vehicular use areas. (3) Installation. All required landscaping and landscape areas shall be installed in accordance with landscaping best management practices, Florida -friendly landscaping principles, American National Standards Institute (ANSI) A-300 standards, and the standards in this subsection. (a) Topsoil (i) Topsoil shall be sandy loam and contain a 25 percent minimum amount of decomposed organic matter. There must be a slight acid reaction to the soil with no excess of calcium carbonate. (ii) Topsoil shall have a minimum depth of six inches for groundcover, flowers, shrubs, and hedges and a minimum depth of three inches for turf grasses. (iii) Trees shall receive 12 inches of topsoil around and beneath the root ball. No topsoil shall be placed on top of the root ball. The root flare of all newly installed trees shall be visible upon installation. (iv) Topsoil shall be clean and reasonably free of clay, stone, roots, construction debris, weeds, rocks, noxious pests, diseases, and other foreign materials. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 May 24, 2023 Page 26 of 61 (v) Topsoil for all planting areas shall be amended with horticulturally acceptable organic material. (vi) All soils used shall be suitable for the intended plant material. (b) Mulch (i) A three-inch minimum thickness of approved organic mulch material shall be applied after initial watering in all areas not covered by buildings, structures, pavement, turf grass, preserved areas, and annual flower beds. (ii) Each tree and shrub shall have a ring of organic mulch no less than three feet in diameter around its trunk. (c) Turf Grass (i) Turf grass shall be drought -tolerant and a species of grass that will survive as a permanent lawn in Broward County assuming adequate watering and fertilizing as described in this Section and the Administrative Manual. (i i) Turf grass shall be viable, free of weeds, and capable of growth and development. (iii) Planted as sod, strips shall be aligned with tightly fitted joints and no overlap of butts or sides. Sod subgrade shall be reasonably free of all stones, sticks, roots, and other matter prior to placement. (iv) Turf grass areas may be seeded to meet the requirements of this Code, provided that the area presents a finished appearance and complete coverage before a final Certificate of Occupancy or other approval is issued. (v) Use of turf grass shall be limited to being a design unifier, shall not be treated as fill-in material, but as a planned element of the landscape. Turf grass shall be consolidated and placed so it can be irrigated separately from other types of plant material. Turf grass shall be restricted to areas that receive pedestrian traffic, provide for practical or recreational use, or provide soil erosion control (e.g., on slopes or in swales). (vi) St. Augustine turf shall be installed within all unpaved areas of all rights -of -way. (vii) The Director may authorize large grassed areas not subject to soil erosion, such as playfields, to be grassed by other methods. (d) Groundcover CODING: Words in stroke throe type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 May 24, 2023 Page 27 of 61 (i) At the time of installations, groundcover shall be planted with a minimum of 75 percent coverage of the intended groundcover area, with 100 percent coverage occurring within three months of planting. (ii) For all developed properties, all yards and other portions of land not utilized for structures, parking areas, walkways, driveways, decking, pools, or other amenities shall be covered with turf grass or living groundcover. (iii) Nonliving groundcover shall be limited to borders, sidewalks, step stones, and other similar materials, and shall not cover more than 15 percent of the landscaped area. Use of pervious paving materials is strongly encouraged. (iv) An applicant may apply for an Administrative Adjustment, as described in §10-5.4(P), Administrative Adjustment, of up to 50 percent of the area to be covered with nonliving groundcover for industrial, special utility, and agricultural properties subject to the criteria for Administrative Adjustment approval. (e) Vines. Vines shall be a minimum of 30 inches in supported height upon installation and may be used in conjunction with fences, visual screens, or walls. (f) Trees. Fifty percent of the trees required in this section shall be water - conserving native plant material. (i) Palm Trees A. Palms shall constitute no more than 20 percent of the total trees required. Any palms provided in excess of this amount shall not count towards the tree requirement. B. Palms shall have a minimum height of 12 feet and 2 inches DBH at the time of planting, measured from the base of the palm to the tip of the bud, and shall have substantial gray wood characteristics at the time of maturity shall have a minimum of two feet of gray wood at the time of planting. C. No large palm trees shall be located closer than 25 feet to light poles or overhead utility lines. Refer to Florida Light & Power's "Right Tree, Right Place" guidelines. D. Certain palms, as determined by the Director, may be substituted for shade trees by grouping three or more palms in close proximity together to create the equivalent crown spread. Certain palms, as determined by the Director, may be substituted on a one for one basis in lieu of shade trees. Refer to §10-4.4(J), Approved Palm and Tree Lists. CODING: Words in stroke # type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 May 24, 2023 Page 28 of 61 (ii) Shade Trees A. Shade trees shall constitute 50 percent of the total trees required, unless specifically addressed in this section. B. At the time of installation, shade trees shall have a minimum: 1. Trunk caliper of three inches; 2. Height of 15 feet; 3. Crown spread of six feet; and 4. Four and a half feet of clear trunk. C. No shade tree shall be located closer than 25 feet to light poles or 30 feet to overhead utility lines. Refer to Florida Light & Power's "Right Tree, Right Place" guidelines. (iii) Small Trees A. Small trees shall have a minimum height of ten feet and the minimum crown characteristics of the species at that height upon installation. B. Trees with a multiple trunk growth characteristic shall have no more than five main trunks. C. All small trees shall have a minimum of 30 inches of clear trunk at the time of planting. (g) Shrubs. Fifty percent of shrubs required shall be installed as native plant material. Shrubs shall have a minimum height of 24 inches with a spread of 18 inches upon installation. Shrubs used as a required continuous hedge shall touch one another upon installation. (h) Lakes, Canals, and Other Water Bodies (i) All lakes, canals, wet retention areas, and other water bodies shall include soil erosion control in the form of turf grass to the edge of the mean high water mark as described in §10-4.4(GK)(3)(c), Turf Grass. (i i) No turf grass that requires mowing shall be allowed on slopes greater than four to one. (iii) All dry retention areas shall be landscaped with turf grass or groundcover in accordance with §10-4.4(SK)(3)(c), Turf Grass, and §10-4.4(SK)(3)(d), Groundcover. (i) Berms CODING: Words in strike threug-h type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 May 24, 2023 Page 29 of 61 (i) Berms shall be planted with turf grass or groundcover in accordance with §10-4.4(GK)(3)(c), Turf Grass, and §10-4.4(SK)(3)(d), Groundcover. (ii) The maximum slope for berms shall not exceed one foot in height for every three feet in width. 0) Fertilizer (i) Fertilizers applied to plant material, including turf grass, within the City shall be formulated and applied in accordance with requirements and directions provided by Rule 5E-1.003(2), Florida Administrative Code, "Labeling Requirements for Urban Turf Fertilizers." (ii) Nitrogen and phosphorus fertilizer shall not be applied to turf grasses or landscape plants except as provided in §10-4.4(SK)(3)0)(i) above unless a soil or tissue deficiency has been verified by an approved test. (iii) Fertilizer containing nitrogen and/or phosphorus shall not be applied to turf grasses or landscape plants from June 1 to September 30 unless approved by the Director. (k) Installation Timing (i) Prior to Certificate of Occupancy. All required landscaping, including groundcover, shall be installed in accordance with the approved landscape plan or in accordance with any phasing plan and the required planting standards presenting in this Section prior to the issuance of a final Certificate of Occupancy unless otherwise approved by the Director. (ii) Extensions A. The Director may, for good cause shown, grant extensions to the above time limit, allowing a developer and/or owner to delay the installation of required landscaping. B. Circumstances that may warrant an extension include, but are not limited to, completion of utility work occurring in the proposed landscape area that is incomplete or delayed. C. Any extension of the time limit shall be conditioned on the required landscaping being installed as soon as practicable after the delay -warranting circumstances cease to exist. The provision of a performance guarantee shall be required to ensure installation of the required landscaping is performed within one year as described in §10-5.4(I)(3)(c)(i), Performance Guarantees. CODING: Words in strike three inh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 May 24, 2023 Page 30 of 61 (4) Protection of Public Infrastructure. All shade and medium trees installed within six feet of public infrastructure shall utilize a root barrier system, as approved by the Director. (5) Obstructions to Emergency Response Vehicles (a) No landscaping or related obstructions shall be placed within seven and a half feet of any fire hydrant. (b) Landscaping or related obstructions shall not be placed around buildings and structures in a manner that impairs or impedes accessibility for firefighting and rescue operations. (6) Stabilization (a) Stabilization shall be in accordance with the International Society of Arboriculture standards as amended from time to time. (b) All palm and shade trees planted as trees shall be securely guyed, braced, and/or staked at the time of planting until establishment. The use of nails, wire, rope, or any other method which could damage the tree or palm is prohibited. (c) All stabilization systems shall be clearly marked with flags, paint, or other visible medium to prevent hazards and protect the public. Trees shall be re -staked in the event of failure of the staking and guying. (d) All guys and staking material must be removed when the tree is stable and established, but in no case more than one year after initial planting. Failure to do so will be considered tree abuse and will lead to enforcement action as described in 10-4.4(11­1)(3), Tree Abuse below. (e) All plants shall be installed so that the top of the root ball remains even with or slightly above the soil grade. (f) All required landscape planting areas and berms shall be stabilized and maintained with turf grass, groundcover, mulch, or other approved materials to prevent soil erosion and allow rainwater infiltration. (7) Irrigation System Required (a) Irrigation systems shall be provided in all landscaped areas and designed to meet the needs of the plant material within the landscape areas, in accordance with The Florida -Friendly Landscaping Guide to Plant Selection & Landscape Design (University of Florida) and in compliance with the watering restrictions of the South Florida Water Management District. (b) When feasible, irrigation systems shall be designed separately to serve turf grass and non -turf grass areas. CODING: Words in stroke thre „"" type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 May 24, 2023 Page 31 of 61 (c) Irrigation and landscape design, installation, and maintenance shall consider soil, slope, and other site characteristics in order to minimize water waste, including overspray, the watering of impervious surfaces and other non -vegetated areas, and off -site runoff. Furthermore, irrigation systems shall not create a hazard to vehicular use areas. (d) In the event of damage or other mechanical failure, irrigation systems shall be designed to minimize free flow conditions. (e) Rain -sensing shutoff switch equipment shall be required on automatic irrigation systems installed after May 1, 1991, to avoid irrigation during periods of sufficient soil moisture, in accordance with Florida Law (F.S. 373.62). Such equipment shall consist of an automatic mechanical or electronic sensing device or switch that will override the irrigation cycle of the sprinkler system when adequate rainfall has occurred. Such switches and devices shall be located and installed so that building eaves, balconies, and similar overhands do not interfere with effective operation of the device or switch. (f) Low -volume, drip, trickle, and emitter irrigation is encouraged, primarily for trees and shrubs, to promote Xeriscape principles. (g) Irrigation systems shall only be operated before 10:00 a.m., and after 4:00 p.m., or as amended by the State of Florida, Broward County, the City, and/or South Florida Water Management District regulations. It is strongly recommended that irrigation systems operate primarily in the early morning hours after 4:00 a.m. to reduce the likelihood of any horticultural plant diseases developing. Operation of the irrigation system for maintenance, repair, turf grass installation for new construction, and landscape maintenance activities such as required application of water to apply fertilizer, herbicides, and pesticides shall not be limited to these hours. (OL)Minimum Landscaping Requirements (1) Minimum Development Site Planting Requirements (a) New developments shall provide plantings within pervious areas of the development site in accordance with the standards in Table 10-4.6 below, for the base zoning district in which the development is located and the size of the lot containing the development. CODING: Words in strike throe h type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 May 24, 2023 Page 32 of 61 Lots greater than 6,000 SF 5 trees and 20 shrubs per 3,000 SF or fraction thereof above 6,000 SF [2] [3] R-3, MUN, MUC, MUG, NC, BP, All lots 1 tree and 5 shrubs for every 1-1, 1-2 2,000 SF of pervious area [4] PF, RC, RR All lots 1 tree and 5 shrubs for every 1,000 SF of pervious area [4] NOTES: SF = square feet [1] Two of the five trees shall be shade trees, one being in the front half of the lot and one being in the rear half. A minimum of two trees shall be located in front of the structure. [2] A minimum of two trees shall be located in front of the structure. [3] Corner lots greater than 6,000 sf shall require one additional tree and five additional shrubs. [4] A minimum of 50 percent of the required trees shall be shade trees. (b) The pervious area not covered by buildings, vehicular use areas, waterways, and walkways shall be landscaped including but not limited to turf grass, groundcover, trees, shrubs, and other plant material. (c) The area between the street pavement and the property line or swale shall be turf grass or groundcover. (d) Existing trees and vegetation that are preserved, replaced, or relocated may be credited towards achieving the minimum landscape requirements of this section, provided they meet all applicable requirements of §10- 4.4(GK), General Requirements for All Landscaping. (2) Perimeter and Waterway Frontage Landscaping (a) Properties in any district, except RE, R-1, and R-2, shall provide three trees (one of which is a shade tree) for every 40 linear feet or major fraction thereof, and a continuous hedge along the property perimeter. This requirement is in addition to the other requirements in this section, except along street frontages that shall only require two trees (one of which is a shade tree) and a continuous hedge in addition to the street tree requirements as described in §10-4.4(N). (b) MUN, MUC, MUG, NC, BP, 1-1, and 1-2 District properties with main public right-of-way frontage involving only one perimeter, shall reduce this requirement to one shade tree in addition to a continuous hedge and the street tree requirements as described in §10-4.4(N). Corner properties or double frontage property without store fronts facing it shall not be eligible for reduction. (c) Where abutting properties have the same perimeter landscaping requirement, the perimeter landscaping requirement can be met jointly by CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 May 24, 2023 Page 33 of 61 the abutting property owners and does not have to be duplicated by each property owner as approved by the Director. (d) A landscaped area shall be a minimum of ten feet from the property line to any vehicular use area or permanent structure other than permitted fences, walls, or landscaping unless specifically required elsewhere in this Section. (e) Waterway frontage shall be landscaped the same as the perimeter requirements stated above. The continuous hedge requirement may be reduced upon determination by the Director for waterway frontages only. (3) Buffers (a) Parking Area Buffers. In all districts except RE, R-1, and R-2, parking areas that abut the public right-of-way shall be required to install a hedge planted a minimum of 24 inches high at time of installation and maintained no higher than 30 inches. Alternatively, a berm 30 inches high shall be installed to screen such parking area from the public right-of-way. Appropriate sight triangles shall be maintained. (b) Buffer Between Multi -Family and Single/Two-Family Residential. Where multi -family residential property directly abuts single- and two- family residentially zoned property, a buffer area shall be provided on the multi -family property. This buffer shall be a minimum continuous depth of ten feet of landscaped area and shall follow the perimeter and waterway frontage requirements required in §10-4.4(BL)(2), Perimeter and Waterway Frontage Landscaping. (c) Properties Abutting or Across from Right-of-way or Water Body. Properties that directly abut or are directly across from any public right-of- way, canal, other water body, or any other separator from any Residential or RC District, or property zoned open space (including golf courses), shall provide a buffer area on the nonresidential plot per the standards below. (i) This area shall be a minimum continuous depth of 25 feet of landscaped area. (ii) A solid masonry wall, stuccoed and painted, or earthen berm, or combination thereof, of at least six feet in height shall be required within this buffer unless the buffer is within a front yard, along a major arterial, or along a Broward County collector street. A. On the side of the wall or earthen berm that abuts the Residential or RC Districts, or is zoned open spaces (including golf courses), two trees, one tree being a shade tree, shall be installed for every 30 linear feet or major CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 May 24, 2023 Page 34 of 61 fraction thereof. Additionally, a continuous hedge shall be provided. B. On the side of the wall or earthen berm that is interior to the nonresidential plot, one shade tree shall be spaced every 40 linear feet. Additionally, a continuous hedge shall be provided. C. If a berm is utilized, one continuous hedge shall be installed at the top of the berm only. D. If a wall is utilized, it shall contain a door to permit access necessary for the owners to maintain the required landscaping material. The nonresidential user is responsible for maintenance of both sides of any wall. An optional design or material of such wall may be considered by the Director as long as such wall is designed to be an architectural enhancement to the overall property other than strictly for separation purposes. (iii) Additional buffer width will be required on property where the building height is five stories or higher or when the property abuts or is across a water body from a residential district. In this case, the minimum width of the buffer shall be 35 feet where there is a water body separator and 50 feet where there is no water body separator. (d) SU District Buffers (i) A landscape buffer consisting of hedges, trees, berms, or walls shall be installed to provide a visual screen for all lots in the SU district. Any combination of hedges, berms, and walls shall be at least six feet in height at the time of installation in order to screen all the special utility lot from view from any contiguous Residential, Mixed -Use, and Nonresidential Districts, and recreational uses. (ii) When fences and wall are used as the visual screen, hedges of 36 inches in height at the time of planting shall be planted outside of such fence or all. (4) Pedestrian Zones along Building Fagades. Trees and other plantings visually and aesthetically buffer and enhance building facades to reduce air and noise pollution and to conserve energy within the structure. (a) There shall be a landscaped pedestrian zone along the entire length of all building walls that are the primary frontage as well as building walls that face a vehicular use area, excluding sections of such fagade that are utilized for direct access into the building or the pickup location for the drive -through. CODING: Words in type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 May 24, 2023 Page 35 of 61 (b) These provisions shall be applicable to all zoning districts including all covered parking structures or multi -level parking garages except single- family and duplex single-family properties. However, these provisions shall not be applicable when a building wall faces a dedicated alleyway. (c) The minimum width of such landscaped zone for all structures shall be measured from the base of the building to the top of a parapet wall, flat roof, or the midpoint of the eave and ridge for a slopped roof as follows- (i) For buildings with heights up to and including 60 feet, the landscape zone width shall equal 50 percent of the building height or ten feet, whichever is greater. (ii) For building with heights greater than 60 feet, the landscape zone width shall equal not less than 30 percent or more than 50 percent of the building height as determined by the Director. (iii) The required width of the landscape pedestrian zone shall exclusive of any two foot car overhang. (d) Paved areas in the landscape pedestrian zone may not constitute more than 50 percent of the width of landscape pedestrian zone or seven feet, whichever is less. (e) One tree shall be installed in this zone per each 30 lineal feet, or fraction thereof, of fagade width. (f) Trees must be of a size as required by §10-4.4(GK), General Requirements for All Landscaping. (g) Trees may be grouped, but there must be a minimum of one tree per fagade. (h) The remainder of the landscape area of the zone shall be treated appropriately with plantings, seating, sidewalks, and other pedestrian accessways. (i) Palms may be substituted for trees in landscape zones of limited width. Palms shall be required at the rate of three palms for each tree that would otherwise be required under this section and must be grouped together within the landscape pedestrian zone, unless the Palm species is designated as a one -for -one substitute. (j) The Director has the ability to administratively reduce the width of the landscape pedestrian zone and increase sidewalk width. It must be demonstrated that the reduced green space is provided elsewhere onsite and functions to help soften the mass of the structure. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 May 24, 2023 Page 36 of 61 Figure 10-4.4-1: Pedestrian Zones (5) Vehicular Use Area Landscaping. Except as otherwise provided by the provisions of this subsection, all vehicular use areas in all districts shall include landscaping around and within the vehicular use areas as a means of mitigating the microclimate and visual aspects as well as providing safe and secure means for pedestrians to navigate these areas. (a) Adjacent to Public Rights -of -Way or Private Roadways (i) On the site of a building or open lot providing an off-street parking area or other vehicular use area, landscaping shall be provided between the area and adjacent right-of-way or private roadway as follows.. (ii) At least a width of 15 feet of landscaping, measured from the property line to the closest parking stall and a width of 25 feet measured from the property line to the parallel interior drive aisle, excluding egress and ingress drives, shall be provided. (b) Interior Landscaping (i) An area or a combination of areas, equal to 15 percent of the total vehicular use area, shall be devoted to interior landscaping. (ii) Any perimeter landscaping provided in excess of that required by this Code may be counted as part of the interior landscaping requirement CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 37 of 61 as long as such landscaping is contiguous to the vehicular use area and fulfills the objective of this subsection. A. Each parking row shall begin and end with a landscaped island unless the parking row terminates into a required perimeter or buffer area. B. For parking rows which provide more than ten parking spaces, one additional landscaped island shall be provided for every ten parking spaces. The Director may approve a greater number of parking spaces between rows based on unique site constraints. C. A pedestrian walkway of any kind shall be added to the overall required width of a landscape parking island to maintain the minimum continuous nine -foot foot permeable area to accommodate a shade tree. Figure 10-4.4-2: Pedestrian Walkway in Landscape Parking Island D. The location of islands can deviate from the above if the purpose of this is to preserve existing on site trees as approved by the Director. E. Landscaped islands shall be at least ten feet in overall width, nine feet inside curb permeable area, by 18 feet in overall length, 16 feet inside curb permeable area and shall have at least one shade tree. F. The island shall be covered with turf, mulch, or other living ground cover. CODING: Words in strike thro gh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 38 of 61 G. The soil utilized within parking lot islands must be a minimum of 36 inches in depth of natural soil not consisting of road rock, imported fill, or other miscellaneous debris. Any grassed parking areas shall comply with the parking island requirements above. H. Other suitable solutions or innovative designs to reduce heat and glare from vehicles may be substituted when approved by the Director, providing that no parking stall is further away than 50 feet from a tree, measured in a straight line from the tree trunk. Plans may be submitted showing aggregate clusters of tree planting equivalent to or greater than the total area of all required parking islands. These plans must be reviewed and found acceptable by the Director. A landscaped area having a width of at least nine feet inside curb permeable area shall be provided between abutting parallel rows of parking spaces and shall contain one shade tree for every 30 lineal feet of landscaped area. The soil utilized within this area shall be a minimum of 36 inches in depth of natural soil not consisting of road rock, imported fill, or other miscellaneous debris. A pedestrian walkway of any kind shall be added to the overall required width of a landscape area and shall be located on one side in order to maintain the minimum continuous nine -foot permeable area and accommodate the row of shade trees. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 39 of 61 Figure 10-4.4-3: Sign Visibility Triangle (6) Sight Distance. When an accessway intersects a public right-of-way, or when the subject property abuts the intersection of two or more public rights -of -way, a sight visibility triangle shall be provided. The sight visibility triangle shall provide unobstructed cross -visibility for vehicular, pedestrian and bicycle traffic at a level between three feet and six feet measured from grade level. The sight visibility triangles are formed as follows: (a) The areas of property on both sides of an accessway formed by the intersection on each side of the accessway and the public right-of-way line, with two sides of each triangle being 25 feet in length from the point of intersection and the third side being a line connecting the ends of the other two sides. (b) The area of property located at a corner formed by the intersection of two or more public rights -of -way, with two sides of the triangular area being 30 feet in length along the abutting public right-of-way lines, measured from CODING: Words in strike +"�rou9,h type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 40 of 61 their point of intersection, and the third side being a line connecting the ends of the other two sides. (c) Obstructions to be restricted in the sight visibility triangles are found in the City's Engineering Standards. (7) Landscape Requirements for Existing Uses (a) Development Thresholds Requiring Compliance with Landscaping Requirements. Existing properties, including parking lots, that are not in compliance with these regulations shall, upon the occurrence of any one of the following events, be subject to the provisions of this §10-4.4, Landscaping and Tree Preservation, if: (i) The total square footage of the vehicular use area is increased by more than 20 percent; or (i i) There is a structural addition that increases the combined total gross floor area of all existing buildings on the property more than 1000 square feet or by 50 percent, whichever is less; or (iii) Building elevation changes, excluding minor cosmetic items such as painting, lighting fixtures, awnings, and signs, involving 50 percent or more of the exterior walls of a roofed structure on the property within a two-year period. A modification to only part of elevation shall constitute a change in the entire elevation of that exterior wall; or (iv) Any tenant change for a stand-alone non-residential structure that also involves any change to any building elevation, excluding minor cosmetic items such as painting, lighting fixtures, awnings, and sign painting; or (v) Any tenant change for a non-residential structure that is the anchor tenant of a property that also involves any change to any building elevation, excluding minor cosmetic items such as painting, lighting fixtures, awnings, and signs. In the event an existing property cannot abide by the current provisions of this Section, if the above actions occur, the Director may require a property owner to bring the site to current standards to the greatest extent possible as determined through the Development Review Committee process. (b) Existing Parking Lot Compliance (i) Existing parking lots that do not meet the requirements of this Code with regards to the size of landscaped parking island dimensions must increase the size of such islands to meet Code requirements to such a level that will not substantially reduce actual parking spaces below CODING: Words in strike threug# type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 41 of 61 required parking as required by 10-4.3(BL), Off -Street Parking Requirements, above. The Director shall make this determination after the Director and property owner have done a complete review of required parking and existing and proposed uses in the property. This process will be initiated by criteria detailed in subsection (7) above regarding nonconforming properties criteria. The following options may be employed, as an alternative to accomplish this objective: A. Smaller size trees may be substituted in parking islands as determined by the Director. B. Parking islands may be eliminated and grouped to provide larger parking islands in other areas of the property as described in the above Section. C. A combination of the above options may be employed to maximize the amount of larger islands and maintaining required parking spaces for the property. (€M) Screening Figure 10-4.4.4-4: Dumpster Enclosure Example (1) Accessory Structures. Generators, air conditioning units, bottled gas tanks, irrigation pumps, swimming pool pumps and heaters, garbage containers at ground level, utility boxes, and similar accessory structures shall be screened with shrubs or an opaque fence on all applicable sides. Shrubs planted for this purpose shall be in addition to the requirements in Table 10-4.6 above. A hedge, berm, wood fence, or wall, maintained at a minimum of six inches above the items to be screened, may be used to satisfy the screening requirements as approved by the Director. (2) Dumpster Enclosures. A minimum 24-inch high continuous hedge shall be provided around any dumpster enclosure except for the access gate and pedestrian opening. This includes any dumpster used for waste, recycling, or other purposes. CODING: Words in strike +hreug-, type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 42 of 61 (3) Outdoor Storage Areas (a) Outdoor storage areas that are adjacent to a residential zoning district, a lot containing a residential use in a mixed -use zoning district, public open space, public trail, or public street, shall be screened from view by a vegetative screen or by a solid wall or fence. (b) The walls or vegetative screen shall be a minimum of six feet in height, but in any event the walls or vegetative screen shall be higher than the screened outdoor storage and 100 percent opaque. (c) The fence or wall design shall incorporate at least one of the primary materials and colors of the nearest wall of the primary building (but excluding unfinished CMU block). (F-N) Street Trees. The following standards shall be required in addition to other tree requirements in this §10-4.4, Landscaping and Tree Preservation. (1) General (a) Non-residential and multifamily property owners may apply for a permit to plant a tree in the swale area of a public or private street abutting the property owned by the applicant. The location and species of the tree or trees shall be approved by the Director. (b) The property owner shall maintain the tree or trees. The City reserves the right to disallow trees in the swale that conflict with a public drainage purpose. (c) Residents may apply for Minor Site Plan Approval as described in §10- 5.4(H)(3)(f) for tree planting approval within the rights -of -way of local streets. Costs of trees and installation may be assessed and be paid for by the respective groups or property owners. (2) New Development CODING: Words in stroke through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 M line kg4ff-eFigure 10-4.4-5: Street Trees June 28, 2023 Page 43 of 61 (a) One street tree shall be required for every 40 linear feet of separate street frontage and shall be planted no further than 60 feet and no closer than 15 feet apart. (b) All street trees are to be placed in the swale area of the public or private street or a location in accordance with the requirements of this Section in order to accommodate location of utilities and/or street widening. (c) Street trees shall be approved shade trees species, unless an alternative tree species is approved by the Director. (3) Nonconforming Properties. Nonconforming landscaping on the site of a remodeled structure, expanded structure, or expanded use area shall comply with the requirements of this Section to the maximum extent practicable. (GO) Historic or SpeGiM Trees (1) The Director may recommend from time to time the designation of certain trees located within the City as or historic trees based on the criteria below. The City Manager shall review such recommendation and add thereto their own comments and recommendations, and the matter shall be presented to the City Commission for its determination. a) The tree is located on historically significant property and is related to an historic event; or b) The tree is uniquely related to the heritage of the City and/or Broward County; or c) The tree is at least seventy-five (75) years old. CODING: Words in strike three type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 44 of 61 (2) The City Commission shall consider the report of the Director and the recommendation of the City Manager and shall either accept, modify, or deny the recommendation. (3) The City Commission may designate by resolution those trees it deems appropriate as speCiMeR or historic trees. (HP) Landscape Maintenance. (1) All landscaped areas shall be maintained in a live, healthy, and growing condition, properly watered and trimmed according to the standards below. (a) All owners of land or their agents shall be responsible for the maintenance of all landscaping. (b) All landscaping includes mowing and maintaining abutting rights -of -way, swales, lakes, and canal banks. (c) Landscaping shall be maintained to minimize property damage and public safety hazards, including removal of living, dead, or decaying plant material, removal of low hanging branches, and those obstructing street lighting and maintenance of sight distance standards. (d) Dead or declining plant material considered to be part of a natural habitat feature located on public property are exempt from these landscape maintenance provisions except where maintenance is necessary to avoid damage to public property or to mitigate safety hazards. (e) There shall be no use of mechanical equipment for the purpose of maintaining a preserved ecological community, as identified in a natural resource protection area plan or a development of regional impact, unless specifically authorized in writing by the Director. (2) Maintenance Standards. Landscaping shall be maintained in accordance with the standards below. (a) Insects and Disease. Landscaping shall be kept free of visible signs of insect infestation and disease. (b) Mulching (i) Three inches of clean, weed -free, approved organic mulch shall be maintained over all areas originally mulched at all times until landscaped area matures to one hundred percent coverage. Mulch must be kept a minimum of six inches from the trunk of any tree. The use of heat -treated 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 plant communities. For this reason, the use of cypress mulch is strongly discouraged. CODING: Words in strobe thr^„^" type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 45 of 61 (ii) Mulch shall be maintained in accordance with the standards of §10- 4.4(GP)(32)(b), Mulch. (c) Mowing and Trimming (i) Landscaping shall be weeded, mowed, pruned, and/or trimmed in a manner and at a frequency so as not to detract from the appearance of the general area. (ii) Turf grasses shall be mowed by removing no more than one-third of the leaf blade at each cutting. (iii) St. Augustine and Bahia turf shall be mowed at a height no less than three inches. (iv) All public rights -of -way, curbs, and sidewalks shall be edged to prevent encroachment from the adjacent turfed areas. Line trimmers shall not be used to trim turf abutting trees or other plant material. (d) Pruning (i) General A. All property owners or their agents must prune trees in accordance with ANSI A-300, as amended from time to time. Any pruning performed without conformance to these standards shall be subject to enforcement by the City. B. All tree pruners who provide services in the City shall hold a valid local business license in Broward County as well as a valid Broward County tree trimmer license. C. If pruning is deemed tree abuse per §10-4.4(fP){31), Tree Abuse, and causes tree removal, a Tree Removal License shall be required from 5.4(M), Tree R o„�! L-iGense the City. D. Any landscaping found growing into public rights -of -way shall be pruned at a minimum to the vertical clearances below- 1 . Eight and a half feet above sidewalks; 2. 14 feet above local and collector streets; and 3. 18 feet above arterial streets. E. Any landscaping found growing into a canal right-of-way shall be pruned to provide a minimum vertical clearance of eight feet above the mean water level or top of seawall. F. Topiary pruning of shade and small trees by shearing or trimming into an unnatural shape, such as round like a CODING: Words in stroke thro gh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 46 of 61 lollipop, is not prohibited, but strongly discouraged. Trees pruned in this manner will not be counted towards fulfilling the minimum landscape requirements outlined in this Section. (ii) Exemptions A. The removal of diseased or dead portions, such as palm fronds, of one tree that does not result in said tree creating a threat to public safety or adjacent property is allowed. B. The removal of an interfering, obstructing, or weak branch of a tree such that it does not result in said tree creating a threat to public safety or adjacent property is allowed. C. Pruning to reduce or eliminate interference with or obstruction of street lights, stop signs, or traffic signals is allowed provided tree abuse does not occur per §10- 4.4(M)(31), Tree Abuse. D. Failure to remove or properly prune a tree damaged by a natural disaster within 30 days shall be a violation of this Code. (e) Maintenance of Irrigation Systems (i) Irrigation systems shall be maintained and promptly repaired to eliminate water loss due to damaged, missing, or improperly operating sprinkler heads, emitters, pipes, and other parts necessary for a fully functioning irrigation system. (ii) Irrigation systems shall be designed, installed, and maintained to minimize application of water to impervious areas and/or so as not to create a hazard to vehicular use areas. (iii) Low -volume, drip, trickle, and emitter irrigation is encouraged to promote good Xeriscape principles where applicable. (iv) A functioning rain sensor/shutoff device shall be required on all irrigation systems installed after May 1, 1991, as mandated by F.S. §373.62. (v) In order to reduce the amount of water lost to evaporation, irrigation systems shall be operated between the hours of 4:00 p.m. and 10:00 a.m. only, or as amended by state, county, city and/or South Florida Water Management District regulations. It is furthermore strongly recommended that irrigation systems operate primarily in the early morning hours after 4:00 a.m. to reduce the likelihood of any horticultural plant diseases developing. Operation of the irrigation CODING: Words in strike throu h type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 47 of 61 system for maintenance, repair, sod installation for new construction and landscape maintenance activities (such as required application of water to apply fertilizer, herbicides and pesticides) is not limited to these hours. (vi) The duration that zones are operated should be adjusted to reflect the size of the zone as well as the needs of the plant material in the zone. Unnecessary and excessive watering can promote root rot and other plant diseases. (vii) Under drought conditions, compliance with the watering restrictions of the South Florida Water Management District is required. (f) Golf Course Landscaping and Maintenance. Any site upon which a golf course is developed shall be landscaped and maintained in a neat and clean, live, healthy, and growing condition, adequately watered and trimmed, free of any structure, refuse, or debris. Golf course design should aim to preserve and support existing natural features, including multiple vegetation types not just turf grass. Utilizing more natural, less resource - intensive non -turf and transitional vegetation can encourage more biodiversity and decrease habitat fragmentation. (g) Replacement Requirements and Enforcement (i) Improper maintenance shall include, but not be limited to, tree abuse, failure to supply adequate water, failure to replace missing or deficient landscaping, failure to maintain landscaping so as to meet the intent of the landscape code, such as buffering. (ii) Landowners or their agents shall be responsible for ensuring that plant material required by this Section, or installed pursuant to a landscape code previously in effect, are replaced if such plant material dies, or are abused, following the issuance of a Certificate of Occupancy. The owner shall have 45 days to install the required landscaping. (iii) In the case of improper maintenance of any landscaping, the owner or agent shall desist immediately, and shall replace or repair all damaged landscaping, at the discretion of the City Department. (iv) Preserved vegetation which dies following the issuance of a Certificate of Occupancy shall be replaced with the equivalent replacement of plant material. (v) Prohibited plant species shall not be replaced in -kind, but shall be replaced with a similar plant species approved by the City Department. CODING: Words in strike thrGugh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 48 of 61 (vi) Any planting of turf grasses, shrubs, or trees which become dead or badly damaged shall be replaced with similar sound, healthy plant materials. The diameter of the replacement tree shall be equal to or greater than the diameter of the abused tree. More than one tree may be utilized for replacement if the aggregate sum of the diameters of the replacement trees is equal to or greater than the diameter of the abused tree. (vii) Each replacement tree shall be on the approved tree list. The equivalent replacement trees shall be Florida No. 1 quality or better. Each replacement tree shall have the largest diameter commercially available in Dade, Broward, and Palm Beach counties for the tree species selected, provided that no replacement tree shall have a diameter of less than three inches. Diameter measurements shall be made at four and a half feet above the ground. (viii) Replacement trees shall be installed onsite. In the event the site cannot accommodate all required replacement trees, the remaining replacement trees shall be installed on public lands if approved by the enforcement agency and the applicable jurisdiction that owns such lands. (ix) Remedial actions and replacement required under this Section shall be completed within established time frames through the City's code enforcement procedures. The enforcement agency may require the violator to immediately undertake remedial actions in the event the abused tree is an immediate threat to the public or property. (x) Any violations of this subsection shall be referred to the code enforcement division for enforcement. Each individual tree which is missing, removed, or damaged shall be considered a separate violation. In addition, any other missing, removed, or damaged landscaping shall be considered as additional violations. Each day such failure or neglect continues shall be deemed a separate offense. Violator shall mean a person who violates this Section. The owner of property upon which the abused tree is located shall also be deemed a violator if the tree abuse is undertaken by the owner's employee, agent or person under the owner's control. (xi) Missing, damaged, or removed irrigation (where required) shall also be considered a separate violation of this Code. Each day such failure or neglect continues shall be deemed a separate offense. (h) Root Systems (i) Complete removal of root systems and stumps is required to the greatest extent possible, as applicable. CODING: Words in strife throug-h type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 49 of 61 (ii) Root pruning must be done so as to not irreparably damage the tree if it creates a safety hazard. (i) Emergencies and Utilities (i) In emergencies such as floods, hurricanes, or other disasters, or in cases where a fallen tree is interrupting service or is limiting access to utility facilities, the requirements for implementing ANSI A-300 shall not apply to utility companies. (ii) Failure to remove or properly prune a tree damaged by a natural disaster within a reasonable period of time corresponding to the severity of the disaster as determined by the Director shall be a violation of this Code. (iii) The Hazard Pruning Standards and the Crown Reduction Standards of the American National Standards Institute apply to utility companies' tree pruning activities. (IQ) Tree Preservation (1) Tree Preservation. The following minimum standards shall apply to all trees designated for preservation from damage during development activities. (a) Land designated for conservation by Broward County or the City shall be exempted from this section. (b) No impervious surface including but not limited to paving or buildings, shall be located within the dripline of any tree proposed for preservation. (c) Retaining walls and dry wells shall be utilized where needed to protect trees from severe grade changes. (d) For shallow fills, all fill material shall be gently sloped down to the level of the tree roots leaving the tree in a depression larger than the spread of its crown. (e) No parking, vehicle maintenance, storage of construction materials or debris, or cleaning of equipment shall occur within areas marked for preservation, including but not limited to the dripline of any individual tree. (f) In areas of unique natural or unusual vegetation, both the understory and the trees shall be preserved. Any alteration or mitigation are subject to the natural resource protection provisions of §10-4.8 of the City Code. (g) Trees to be preserved shall be designated as such in either a Tree Removal License approved by Broward County or a tree protection plan approved by the Gity Department. (h) Prior to any clearing of improved, vacant, or unimproved land, unless specifically exempted from this section, trees to be preserved shall have CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 50 of 61 barriers constructed around them to prevent physical damage from heavy equipment and other activities incidental to development. (2) Barriers and Barricades (a) Encroachment into any barricade area shall be prohibited with the exception of activities specifically permitted by an approved tree permit including dripline encroachment plan. Required barriers shall be subject to inspection prior to any clearing by the City or Broward County as a condition of permit approval. (b) Barriers or barricades shall be: (i) Large enough to encompass the entire area inside the dripline of the tree; (i i) Noticeable and tall enough to be clearly visible to equipment operators; (iii) Constructed of sturdy four by four scrap wood, or other sturdy material as approved by Broward County or the City. Flags and ribbons are not permitted as the sole barrier but can be utilized to increase visibility of the study material; (iv) Constructed as a condition of the issuance of any land clearing, building, or development permit; (v) Constructed prior to any construction or other development activities, and are required to remain in place through the construction period; and (vi) Completely removed from the site at the end of the construction period immediately prior to the issuance of a Certificate of Occupancy by the City, unless otherwise stipulated in the approved tree removal license. (c) Underground Utility Lines (i) Underground utility lines shall, to the maximum extent possible, be routed around the outside of the dripline of existing non -prohibited and noninvasive root systems and trees. (ii) A tunnel made by a power -driven soil auger may be used under the tree, as an alternative subject to approval by the City. (d) Fences and Walls (i) Installation of fences and walls shall not conflict with the root systems of existing trees. Post -holes and trenches close to trees shall be dug by hand and adjusted as necessary to avoid damage to major roots. CODING: Words in stroke through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 51 of 61 (ii) Continuous footers for masonry walls shall be ended at the point where major or large roots are encountered and those roots shall be bridged. Mr NOW M - 111-- - CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 52 of 61 -_.. ---- ---- - - - - M. - : - -- . Mel .... . . .... I . M.. . M. M- - - - •- - - - - - .......... .. - - - - - - - - - - - - WIN .. CODING: Words in strike +hre inh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 53 of 61 (R) Stop Work Orders: Whenever any work is being done by a person not in compliance with §10-4.4, a Code Enforcement Officer may order that work be stopped and such persons performing such work shall immediately cease such work. The work may not resume until such time as the person is in compliance with § 10-4.4. (dS) Approved Palm and Tree Lists. The Director may grant special written permission to allow the planting of trees, other than those listed in the tables below, to meet the minimum landscape requirements. Such request shall be submitted in writing with supporting documentation. Written approval for such deviation shall be obtained prior to the planting of such trees or shrubs. Only small Palm and trees approved by the Director shall be used under power and utility lines. (1) Palm Trees Table 0- Approved P Common Name Latin Name Alexandra Palm Archontophoenix alexandrae Bismarck Palm Bismarckia nobilis Bottle Palm Hyophorbe lagenicaulis Cabbage Palm Sabal palmetto Canary Island Date Palm Pheonix canariensis* Carpentaria Palm Carpentaria acuminate Ch*nes Fan Pal... LivistenG chin Coconut Palm Cocos nucifera* Date Palm Phoenix dactylifera Florida Silver Palm Coccothrinax argentato Florida Thatch Palm Thrinax radiata Foxtail Palm Wodyetia bifurcate Key Thatch Palm Thrinax morrisii Majesty Palm Ravenea glauca Medjool or Zehedi Palm Phoenix dactylifera* Montgomery Palm Veitchia montgomeryana Paurotis Palm Acoelorrhaphe wrightii* Pindo Palm eutia capitata �Qowl..-, r-r-vrr,� Royal Palm Roystonea elata* Screw Pine Pandanua utilis* Senegal Date Palm Phoenix reclinota* Silver Palm Coccothrinax argentata Selma'. - Pal... Spindle Palm Hyophorbe verschaffeltii Sunshine Palm I Veitchia modanielsii Thatch Palm Thrinax radiate Triangle Palm Dypsis decaryi CODING: Words in strike three h type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 54 of 61 Windmill Palm Trachycarpus fortunei Winin Palm Veitchia winin NOTES: Shaded Green = Florida Native Species *May be used on a one for one basis. (2) Shade Trees Table 0-4Approved. Common Name Latin Name Bald Cypress Taxodium distichum* Beautyleaf Colophyllum spp.* Bridalveil Coesalpinia granadillo* Floss Silk Tree Chorisia speciosa Golden Rain Tree Koelreuteria formosana Golden Shower Cassia fistula* Green Buttonwood Conocarpus erectus* Gumbo Limbo Bursera simaruba* Indian Tamarind Tamarindus indica Jacaranda Jacaranda mimosifolia Jamaican Dogwood Piscidia piscipula* Kapok Tree Ceiba pentandra Laurel Oak Quercus laurifolia* Live Oak Quercus virginiana* Mahogany Swietenia mahogany* Mastic Sideroxylon foetidissimum Orchid trees Bauhinia spp. Paradise Tree Simaruba glauca Pigeon Plum Coccoloba diversifolia* Pink Trumpet Tabebuia heterophylla Pond Cypress Taxodium ascendens Pongam Pongamia pinnata Queen's Crape Myrtle Lagerstroemia speciosa Red Bay Persea borbonia Red Maple Acer rubrum* Red Silk Cotton Tree Bombax ceiba Royal Poinciana Delonix regia* Rusty Fig Ficus rubiginosa* SapGdi4a, * Sea Grape Coccoloba uvifera South Florida Slash Pine Pinus elliottii var. densa Shortleaf Fig Ficus citrifolia Spanish Cherry Mimusops elengi* Strangler Fig Ficus aurea CODING: Words in strike throul type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 55 of 61 Sugarberry Celtis laevigato Sweetgu m Liquidambar styraciflua Sycamore Platanus occidentalis* Wild Tamarind Lysiloma bohamensis* Willow Bustic Dipholissalicifolia Yellow Poinciana Peltophorum spp.* NOTES: Shaded Green = Florida Native Species *Only trees allowed for Street Trees per Section (FN) above. (3) Small Trees. Trees listed in Table 10-4.9: Approved Small Trees, shall be used under power and utility lines. Table 10-4.9: Approved Small Trees Common Name Latin Name Allspice Pimento dioica Apple Blossom Shower Cassia jovanica Black Calabash Amphitecna latifoli Black Ironwood Krugiodendron ferreu Black Sapote Diospyros digyna Blolly Guapira discolor Bottlebrush, Upright and Weeping Callistemon spp. Brush Cherry Syzygium paniculata Buckthorn eumelia spp Carambolla Averrhoa corambola Cassia Cassia surattensis/beariana Cherry Laurel Prunus caroliniana Citrus Trees Citrus spp. Crape Myrtle Lagerstomia indica Dwarf Poinciana Caesalpinia pulcherrima Dahoon Holly Ilex cassine East Palatka Holly Ilex attenuate "East Palatka" Fiddlewood Citharexylum fruticosum Frangipani Plumeria spp. Geiger trees Cordia spp. Glossy Privet Ligustrum lucidum Guiana Plum Drypetes lateriflora Inkwood Exothea paniculata Jamaican Caper Capparis cynophollophora Japanese Fern Tree Filicium decipiens Jatropha Jatropha spp. Krug's Holly Ilex krugiona Lancewood Ocotea coriacea Lignum-Vitae Guaiacum sanctum CODING: Words in stroke through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 56 of 61 Long Stalked Stopper, Magroveberry Psidium longipes Longan Euphoria Longan Loquat Eriobotrya japonica Lychee Litchi chinensis Madagascar Olive[1] Norhonia emorginata Marlberry Ardisia escallonoides Mimusops Manilkara roxburghiana Myrsine Myrsine guianensis Persimmon Diospyros virginiana Pitch Apple Clusio rosea Pond Apple Annona glabra Powder Puff CQlliondra haematocephala Red Mulberry Morus rubra Sabicu Lysiloma sabicu Sand Pine Pinus clausa Satin Leaf Chrysophyllum oliviforme Silver Buttonwood Conocarpus erectus Simpson's Stopper Myrcianthes fragrans Snail Seed Cocculus laurifolius Soapberry Sapindus saponaria Southern Magnolia Magnolia grandiflora Southern Red Cedar Juniperus virginiana Spicewood Calyptranthes pallens Stoppers Eugenia spp. Sweet Acacia Acacia fornesiana Sweet Bay Magnolia virginiana Varnish Leaf Dodonea viscos Verawood eulnesia arborea Wax Myrtle Myrica cerifer Weeping Podocarpus Podocarpus grocilior Yaupon Holly llexspp Yellow Elder Tecoma stans Yellow Tabebuia Tabebuia caraiba NOTES: Shaded Green = Florida Native Species *Only trees allowed for Street Trees per Section (i`N) above. [1] Olive trees shall not be used in vehicular use areas. Table 10-5.0 Recommended Trees for Canopy Replacement Category 1 Trees 12 ft Minimum Height, 2.0 Inch Caliper - Replacement Canopy Area Credit: 300 square feet Common Name Latin Name *Bald cVpress Taxodium distichum Black olive Terminalia buceras CODING: Words in stroke threugh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 57 of 61 Brazilian beaut leaf Calophyllum brasiliense Flame bottle tree Brach chiton acerifolius Floss silk tree Chorisia s eciosa Golden shower tree Cassia fistula *Green buttonwood Conocar us erectus *Gumbo limbo Bursera simaruba Indian tamarind Tamarindus indica Jacaranda Jacaranda mimosifolia Ka ok tree Ceiba pentandra *Laurel oak Quercus laurifolia *Live oak Quercus vir iniana *Ma nolia Ma nolia randiflora *Mahn a ny Swietenia maho ani *Mastic Sidereox Ion foetidissimum *Paradise tree Simarouba glauca *Pitch a-pple Clusia rosea *Pond cvoress Taxodium ascendens Rainbow eucalyptus Eucal tus de lu to *Red ma le Acer rubrum *Red mulberry Morus rubra Red silk cotton tree Bombax ceiba Rusty leaf fig Ficus rubi inosa Royal poinciana Delonix re is *Sea gape Cocolloba uvifera *Shortleaf fig Ficus citrifolia *Slash pine Pinus elliottii var. densa !agqaberry Sa indus sa onaria Spanish cherry Mimuso s elen i *Strangler fiR Ficus aurea *Su arberr Celtis laevi ata weet ba Magnolia vir iniana Weeping odocar us Podocar us racilior *Wild tamarind L siloma latisili uum *Willow bustic Di holis salicifolia Yellow Poinciana Pelto horum pterocarpum *Native to Florida Table 10-5.1 Category 2 Trees 8-Foot Minimum Height Replacement Canopy Area Credit: 150 square feet, Greater than or equal to 10 ft Minimum Height replacement Canopy Area Credit: 200 square feet Common Name Latin Name African tulin tree S athodea cam anulata Black sa ote Diospyros din a Bridalveil Caesal inia granadillo CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 58 of 61 Buttercup tree Cochlos ermum vitifolium *Buttonwood silver Conocar us erectus var. sericeus *Cherry laurel Prunus caroliniana *Crabwood G mnanthes lucida CurlLpod Caesal inia mexicana *Dahoon holly Ilex cassine *East Palatka holly Illex x attenuata *Fiddlewood Citharex lum fruticosum Florida lilac Lonchocar us violaceus Fran i ani Plumeria s Glaucous cassia Senna surattensis Inkwood Exothea aniculata *Guiana olum Drypetes lateriflora *Jamaica do wood Piscidia gjsci ula Japanese Blueberry Elaeocar us deci iens *Kru 's holly Ilex kru iana *Lancewood Nectandra coriacea Lon an Eu horia Ion an Lo uat Eriobotr a 'a onica _Lychee Litchi chinensis Mada ascar olive Noronhia emar inata Orange geiger Cordia sebestena *Persimmon DiospvroLyir iniana *Pigeon plum Coccoloba diversifolia Pink trumpet tree Tabebuia hetero h Ila *Pond apple Annona glabra Queen's cra e-m rtle La erstroemia s eciosa *Sand ine Pinus clausa *Satinleaf Chrysophyllum oliviforme Sausage tree Ki elia pinnata Small -leaf clusia standard Clusia guttifera *Southern red cedar Juniperus silicicola *Sweet um Li uidambar st raciflua Tree of gold Tabebuia caraiba Verawood Bulnesia arborea White geiger Cordia boisseri *Native to Florida Table 10-5.2 Category 3 Trees 6-Foot Minimum Height For Trees 6 Foot Clear Trunk For Palms Replacement Canopy Area Credit: 100 square feet Common Name Latin Name Allspice Pimenta dioica *Bahama stron back Bourreria succulenta Beach acacia cacia c ano h Ila CODING: Words in strike throug-h type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 59 of 61 Bismarck palm Bismarckia nobilis *Black ironwood Kru iodendron ferreum *Bloll Gua ira discolor *Brush cherry S z ium paniculatuM *Cabbaize Dalm Sabal palmetto Canary Island date palm Phoenix canariensis Coconut palm Cocos nucifera *Coco lum Chr sobalanus icaco Coral bean Er thnna spp. Crape -myrtle La erstroemia indica Greenheart Colubrina arborescens *Jamaica caper Capparis c no hallo hora *Li num vitae Guaiacum sanctum Li ustrum Li ustrum is onicum Macadamia nut MacadqMjLsipL *Redberry stopper Eugenia confusa *Marlberr Ardisia escallonioides -Royal palm Ro stonea s Satake paIM Satakentia liukiuensis *Simpson stopper M rcianthes fra rans Snailseed Cocculus laurifolius *Soldierwood Colubrina elli tics *Spanish stopper Eugenia foetida *Sweet acacia Vachellia farnesiana *Wax m rtle M rica cerifera White tabebuia Tabebuia bahamensis Wild date pal.M Phoenix s Ivestris *Wild lime Zanthox lum fa ara ,Yellow geiger Cordia lutea *Native to Florida 10-5.3 Category 4 Palms 6 ft Minimum Clear Trunk Replacement Canopy Area Credit: 50 square feet Common Name Latin Name Alexandra p9lm Archonto hoenix alexandrae Bottle_palm H o horbe la enicaulis Carpenter Palm Carpentaria acumenata Date alm Phoenix dact lifers *Florida cherr alm Pseudophoenix sar entii *Florida silver alm Coccothrinax ar entata *Florida thatch palm Thrinax radiata Foxtail palm Wod etia bifurcata *Paurotis alm coelorrha he wri htii CODING: Words in c+r'kp thre,-gh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2530 June 28, 2023 Page 60 of 61 Pindo palm Butia ca itata Red latan alm Latania lontaroides Triangle palm Dypsis decar i Windmill palm Trachycarpus fortunei *Native to Florida SECTION 3. It is the intention of the City Commission of the City of Tamarac that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this ordinance may be renumbered, re lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase to accomplish such intention. SECTION 4. That all Ordinances or parts of Ordinances, Resolutions, or parts thereof in conflict herewith, be and the same are hereby repealed to the extent of such conflict. SECTION 5. Should any section, provision, paragraph, sentence, clause of word of this Ordinance or portion hereof be held or declared by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be considered as eliminated and shall not affect the validity of the remaining portions or applications of this Ordinance. SECTION 6. This Ordinance shall become effective upon adoption. "The remainder of this page is left blank intentionally" CODING: Words in striketFeuo type are deletions from existing law; Words in underlined type are additions. �" Temp. Ord. No. 2530 June 28, 2023 Page 61 of 61 PASSED, FIRST READING this 11441- day of vA- , 2023. 44- PASSED, SECOND READING this d day of 12023. 4b)jL �r6" z MICHELLE J. GOMEZ MAYOR RECORD OF COMMISSION VOTE: 1ST Reading MAYOR GOMEZ DIST 1: V/M BOLTON DIST 2: COMM WRIGHT DIST 3: COMM VILLALOBOS DIST4: COMM. DANIEL RECORD OF COMMISSION VOTE: 2ND Reading MAYOR GOMEZ DIST 1: V/M. BOLTON. DIST 2: COMM. WRIGHT Li DIST 3: COMM VILLALOBOS DIST 4: COMM. DANIEL ATTEST: KIMBERLY bILLON, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY: HANS OTTINOT CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk on this A day ofj,,g 2023. CODING: Words in strike thro u^h type are deletions from existing law; Words in underlined type are additions.