City of Delray Beach - File #: 23-871

• File #: 23-871
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 6/30/2023
• In control: City Commission
• On agenda: 9/5/2023
• Final action: 9/5/2023
• Title: ORDINANCE NO. 10-23: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.6, “SUPPLEMENTAL DISTRICT REGULATIONS,” SECTION 4.6.19, “TREE PRESERVATION, PROTECTION, ENFORCEMENT, AND MAINTENANCE,” TO REMOVE THE FEE SCHEDULE FOR IN LIEU FEES, VEGETATION REMOVAL PERMITS AND EXCEPTIONAL SPECIMEN TREE PENALTIES FROM THE LAND DEVELOPMENT REGULATIONS IN ORDER TO BE APPROVED BY RESOLUTION TO ESTABLISH MITIGATION REQUIREMENTS FOR PALM TREES, TO REQUIRE MITIGATION FOR TREES AND PALMS WITH LESS THAN 50 PERCENT CONDITION RATING, TO MODIFY THE LIST OF NUISANCE PLANT SPECIES, AND TO UPDATE THE LANGUAGE FOR CLARITY; AND AMENDING APPENDIX A, “DEFINITIONS,” TO MODIFY THE DEFINITION OF EXCEPTIONAL SPECIMEN TREE TO REQUIRE A DIAMETER AT BREAST HEIGHT OF 18 INCHES OR MORE AND TO DELETE IN ITS ENTIRETY THE DEFINITION OF SPECIMEN TREE AS DUPLICATIVE; PROVIDING...
• Sponsors: Development Services Department

Date	Ver.	Action By	Action	Result
9/5/2023	1	City Commission	approved	Pass

TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Department
THROUGH: Terrence R. Moore, ICMA-CM
DATE: September 5, 2023

Title
ORDINANCE NO. 10-23: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.6, “SUPPLEMENTAL DISTRICT REGULATIONS,” SECTION 4.6.19, “TREE PRESERVATION, PROTECTION, ENFORCEMENT, AND MAINTENANCE,” TO REMOVE THE FEE SCHEDULE FOR IN LIEU FEES, VEGETATION REMOVAL PERMITS AND EXCEPTIONAL SPECIMEN TREE PENALTIES FROM THE LAND DEVELOPMENT REGULATIONS IN ORDER TO BE APPROVED BY RESOLUTION TO ESTABLISH MITIGATION REQUIREMENTS FOR PALM TREES, TO REQUIRE MITIGATION FOR TREES AND PALMS WITH LESS THAN 50 PERCENT CONDITION RATING, TO MODIFY THE LIST OF NUISANCE PLANT SPECIES, AND TO UPDATE THE LANGUAGE FOR CLARITY; AND AMENDING APPENDIX A, “DEFINITIONS,” TO MODIFY THE DEFINITION OF EXCEPTIONAL SPECIMEN TREE TO REQUIRE A DIAMETER AT BREAST HEIGHT OF 18 INCHES OR MORE AND TO DELETE IN ITS ENTIRETY THE DEFINITION OF SPECIMEN TREE AS DUPLICATIVE; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (SECOND READING/PUBLIC HEARING)

Body
Recommended Action:
Recommendation
Review and consider Ordinance No. 10-23, a City-initiated amendment to Section 4.6.19(E), Vegetation removal permits of the Land Development Regulations (LDRs) to remove the in-lieu fee schedule for the tree removal from the LDRs and codify certain subsections to improve readability.

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Background:
From time to time, the City of Delray Beach finds it appropriate to review the Development Services Fee Schedule and update application fees based on analysis. The most recent update to the Fee Schedule was focused on application processing fees, and was adopted in September 20...