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Home My WebLink AboutCity of Tamarac Ordinance O-2002-024August 14, 2002 Revision No. 1 — — Temp Ord #1977 September 3, 2002 Revision No. 2 — September 4, 2002 Revision No. 3 — September 10, 2002 Revision No. 4 — September 11, 2002 Revision No. 5 — September 20, 2002 Revision No. 6 — September 24, 2002 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0T2002- c2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 11 ENTITLED "LANDSCAPING", OF THE CITY OF TAMARAC CODE OF ORDINANCES, BY AMENDING SECTION 11-7 ENTITLED "MINIMUM LANDSCAPE REQUIREMENTS", BY ADDING REQUIREMENTS PROVIDING FOR VERTICAL TREE CLEARANCE OF LANDSCAPING IN RIGHTS -OF -WAY (CASE NO. 21-Z-02); PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac Code of Ordinances does not address maintenance and vegetation into public rights -of -way; and WHEREAS, the City Commission of the City of Tamarac wishes to adopt street tree standards to ensure proper, maintenance of trees into public rights -of -way; and CODING, Words in struck through type are deletions from existing law, Words in underscored type are additions. August 14, 2002 — Temp Ord #1977 Revision No. 1 — September 3, 2002 Revision No. 2 — September 4, 2002 Revision No. 3 — September 10, 2002 Revision No. 4 — September 11, 2002 Revision No. 5 -- September 20, 2002 Revision No. 6 — September 24, 2002 Page 2 WHEREAS, the Community Development Department researched such ordinances and decided on one that best suits the City's requirements for proper maintenance of trees into public rights -of way; and WHEREAS, the addition of Sections 11-7(b)(9)(d) and (e) support Section 24- 580(2)(e.5), "Fire Zone Requirements' which ensures vertical tree clearance for emergency vehicle access; and WHEREAS, Sections 11-7(b)(9)(d) and (e) shall be added to provide proper maintenance requirements for vegetation in public rights -of -way; and WHEREAS, the Director of Community Development recommends approval; and WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interests of the citizens and residents of the City of Tamarac to amend Chapter 11 entitled "Landscaping" of the City of Tamarac Code of Ordinances by amending Section 11-7 entitled "Minimum Landscape Requirements", by adding requirements providing for vertical tree clearance of landscaping in rights -of -way. CODING fiords in qc—k-f a94 type are deletions from existing law; Words in underscored type are additions. August 14, 2002 — Temp Ord #1977 Revision No. 1 — September 3, 2002 Revision No. 2 — September 4, 2002 Revision No. 3 — September 10, 2002 Revision No. 4 — September 11, 2002 Revision No. 5 -- September 20, 2002 Revision No. 6 — September 24, 2002 Page 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS"clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of the Ordinance upon adoption hereof. SECTION 2: Chapter 11 entitled, "Landscaping", Section 11-7 entitled, "Minimum Landscape Requirements", is hereby amended as follows: Sec. 11-7. Minimum landscape requirements. (b) Maintenance requirements: All owners of land or their agents shall be responsible for the maintenance of all landscaping located in areas where landscaping is required by this chapter, including abutting rights -of -way, swales, lakes and canal banks in accordance with the following standards- (9) Pruning generally. a. All condominiums and homeowners associations, all multifamily residential projects and all nonresidential development or their agents must prune trees in accordance with the National Arborist Association CODNIG, Words in str 4hroug# type are deletions from existing law: Words in underscored type are additions. 1 E August 14, 2002 -- Temp Ord #1977 Revision No. 1 — September 3, 2002 Revision No. 2 — September 4, 2002 Revision No. 3 — September 10, 2002 Revision No. 4 — September 11, 2002 Revision No. 5 — September 20, 2002 Revision No. 6 — September 24, 2002 Page 4 Standards. If the pruning is tree abuse and causes tree removal, a permit for tree removal shall be required from Broward County. b. The minimum standard pruning and fine pruning set forth herein shall be supplemented by the standards of the National Arborist Association as the same may be amended from time to time, and which are attached hereto and made a part thereof. c. Any pruning performed without conformance to the National Arborist Association Standards shall be subject to enforcement by the city. All tree pruners which provide services in Tamarac shall hold a valid occupational license in Broward County. d. Anv landscapina (as defined in Section 11-3 entitled "Definitions") found rowinq into a street rights-of-waV, shall be pruned to provide at least 8.5 feet of vertical clearance above sidewalks and fourteen (14) feet of vertical clearance above local streets and collector streets and eighteen 18) feet of vertical clearance above arterial streets. CODINGWords in str-wGk4hro +gh type are deletions from existing law; WoWs in underscored type are additions. August 14, 2002 — Temp Ord #1977 Revision No. 1 — September 3, 2002 Revision No. 2 — September 4, 2002 Revision No. 3 — September 10, 2002 Revision No. 4 — September 11, 2002 Revision No. 5 — September 20, 2002 Revision No. 6 — September 24, 2002 Page 5 e. Anv landscapina (as defined in Section 11-3 entitled "Definitions") found 9 y, all be pruned to provide at least eight growing into a canal right-of-way, shall S feet of vertical clearance above the mean water level or top of seawall. SECTION 3: It is the intention of the City Commission and it is hereby ordained 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 Sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 4: All Ordinances or parts of Ordinances, and all Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. CODING, Words in stFUG", threwgIh type are deletions from existing Yaw; Words in underscored type are additions. r- August 14, 2002 — Temp Ord #1977 Revision No. 1 — September 3, 2002 Revision No. 2 -- September 4, 2002 Revision No. 3 — September 10, 2002 Revision No. 4 — September 11, 2002 Revision No. 5 -- September 20, 2002 Revision No. 6 -- September 24, 2002 Page 6 SECTION 6: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this day of aeo ' 2002. PASSED, SECOND READING this e:,?3 day of JOE SCHREIBER MAYOR ATTEST: 0 MARION SWENSON, CMC CITY CLERK 2002. RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: V/M. PORTNER DIST 2: COMM. MISHKIN DIST 3: COMM, SULTANOF DIST 4: COMM. ROBERTS 5cormndev\u \pats\userdata\wpdata\ord\1977ord CODING Words in struck through type are deletions from existing law; Words in Underscored type are additions-