City of Delray Beach - File #: 24-74

• File #: 24-74
• Version: 1
• Type: Ordinance
• Status: Second Reading
• File created: 1/5/2024
• In control: City Commission
• On agenda: 2/6/2024
• Title: ORDINANCE NO. 06-24: 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, APPENDIX A, “DEFINITIONS,” BY UPDATING THE DEFINITION OF “TREE TRUST FUND” TO INCLUDE A PROVISION FOR USE OF IN-LIEU FUNDS TO OFFSET MAINTENANCE COSTS FOR TREES AND PALMS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. (FIRST READING)
• Sponsors: City Manager Department

Date	Ver.	Action By	Action	Result
2/6/2024	1	City Commission	approved on first reading	Pass

TO: Mayor and Commissioners
FROM: Kent Edwards, Sustainability Officer
THROUGH: Terrence R. Moore, ICMA-CM
DATE: February 6, 2024

Title
ORDINANCE NO. 06-24: 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, APPENDIX A, “DEFINITIONS,” BY UPDATING THE DEFINITION OF “TREE TRUST FUND” TO INCLUDE A PROVISION FOR USE OF IN-LIEU FUNDS TO OFFSET MAINTENANCE COSTS FOR TREES AND PALMS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. (FIRST READING)

Body
Recommended Action:
Recommendation
Review and consider Ordinance No. 06-24, a City-initiated amendment to Appendix A, "Definitions," of the Land Development Regulations (LDRs) to update the definition of "Tree Trust Fund."

Body
Background:
In 2006, the City Commission adopted Ordinance No. 37-06, which amended the Land Development Regulations (LDR) to repeal sections pertaining to tree protection and tree removal, and to enact new provisions consolidated in rewritten LDR Section 4.6.19, “Tree Ordinance.” Ordinance No. 37-06 also provided important LDR streamlining, clarification and increased protection for tree resources. The amendment was initiated in response to the removal of significant trees associated with development projects. Changes associated with this amendment included 19 new definitions, protection of Exceptional Specimen Trees, removal of hazardous trees, fees and penalties, hurricane preparedness, appropriate tree planting locations, and prohibited tree species. One of the new definitions added was “Tree Trust Fund,” (TTF) which allowed for the deposit of funds in-lieu of meeting tree or palm planting/replacement requirements. The backup material for the ordinance restated the language in the TTF definition, “…funds shall be used to off-set the City’s costs for future trees and palms and tree trimming for parks and streetscapes...