Ordinance 19-03 Prohibited Plants ORDINANCE NO. 19-03
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING CHAPTER 66, ARTICLE IV, DIVISION 5,
SECTION 66 -311 OF THE TOWN CODE OF
ORDINANCES; PROVIDING FOR REMOVAL OF
PROHIBITED INVASIVE NON - NATIVE VEGETATION;
PROVIDING FOR PROHIBITED PLANTS; PROVIDING
FOR EXEMPTIONS; PROVIDING FOR FUTURE
REMOVAL REQUIREMENTS; PROVIDING FOR
PROTECTION OF NATURAL AREAS AND INCENTIVES;
PROVIDING FOR ENFORCEMENT; PROVIDING
SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, certain species of prohibited invasive non - native vegetation are
spreading rapidly into natural areas in the Town of Palm Beach, displacing native
vegetation, destroying wildlife habitat and creating undesirable vegetative monocultures;
and
WHEREAS, certain species of prohibited invasive non - native vegetation have a
variety of noxious qualities, including, but not limited to, adverse affects on human
health, hazards to public safety, and undesirable aesthetics in the Town of Palm Beach;
and
WHEREAS, the Town of Palm Beach Comprehensive Plan provides for the
prohibition of the planting of pestilent exotics and requires, as an objective, the removal
of pestilent exotic species from sites of new construction or development, as well as the
complete removal of exotic vegetation from shoreline areas and spoil islands; and
WHEREAS, Chapter 66 of the Town Code of Ordinances, at Article IV, Division
5, Section 66 -311, enumerates certain pestilent exotic species which were prohibited to
be installed as landscape material and which were required to be removed from
properties as a part of any development or redevelopment activity subsequent to the
adoption of said code provision; and
WHEREAS, subsequent to the adoption of said code provision, additional non-
native species have been identified which are worthy of eradication or control; and
WHEREAS, it is the desire of the Town Council to amend its code so as to
include additional invasive non - native species for removal and;
WHEREAS, Palm Beach County adopted on February 25, 2003, Ordinance No.
2003 -011, titled the "Palm Beach County Countywide Prohibited Invasive Non - Native
Vegetation Removal Ordinance "; and
WHEREAS, it is the desire and intent of the Town of Palm Beach to opt out of the
Palm Beach County ordinance and hereby provide its own ordinance relating to the
removal of prohibited invasive non - native vegetation.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Chapter 66, Natural Resource Protection is hereby amended at
Article IV, Division 5, Section 66 -311, as follows:
"Sec. 66 -311. Prohibited Plants.
(a) Prohibited species. The following plants have been shown
to be pestilent exotic species and shall not be installed as landscape
material, and shall be removed from property as part of development and
redevelopment activity and prior to the issuance of a permit for said
development and redevelopment activity or pursuant to the schedule and
terms specified in sub item (c) of this section:
(1) Australian pine (Casuarina spp.).
(2) Brazilian pepper (Schinus terebinthefolius).
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(3) Punk or paper tree (Meleleuca quinquenervia).
(4) Old -world climbing fern (Lygodium microphyllum).
(5) Air potato vine (Dioscorea bulbifera).
(6) Carrotwood (Cupaniopsis anacardiodies).
(7) Earleaf acacia (Acacia auriculiformis).
(8) Schefflera ( Schefflera actinophylla)
(9) Kudzu (Pueraria montana var. lobata).
(b) Exemptions. An exemption or partial exemption from the
prohibition of and removal requirements of Australian pines may be
granted by the architectural commission or landmarks commission, as
applicable, if the following conditions apply:
(1) The Australian pine is used and maintained as a hedge.
Failure to maintain the hedge will result in a code violation
and removal of the hedge will be required.
(2) The hedge or screen is located in an area where salt tolerant
vegetation is required and where a viable aesthetic or
organic option is not practical.
(3) The Australian pine is not of the "sucker" type variety
(Casuarina glauca).
(4) The Australian pine is not directly adjacent to shoreline
areas.
(5) The Australian pine is maintained as part of the character of
a landmarked district or vista such as the areas known as
"Pine Walk" and "Wells Road."
(c) Future removal requirements. In addition to the removal
requirements set forth in section (a) above, a property owner shall remove
or cause to be removed or eradicated the prohibited invasive non - native
vegetation listed in paragraph (a) above by January 1 of the year specified
in the following table.
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COMMON NAME SCIENTIFIC NAME YEAR
Old -World Climbing Fern Lygodium microphyllum 2004
Air Potato Vine Dioscorea bulbifera
Melaleuca, Punk Tree Melaleuca quinquenervia 2006
Brazilian Pepper Schinus terebinthifolius 2008
Carrotwood Cupaniopsis anacardiodies
Earleaf Acacia Acacia auriculiformis 2010
Schefflera Schefflera actinophylla 2006
Australian Pine Casuarina spp. 2012
Kudzu Pueraria montana var. 2008
lobata
Upon removal of the prohibited and invasive non - native vegetation
specified under this ordinance, the property owner shall maintain the
property free of such prohibited invasive non - native vegetation.
(d) Protection of natural area and incentives. Palm Beach County has
recognized the Palm Beach Island Sanctuaries (R43 T43 S34; R43 T44
S03/10/15) located within the Town of Palm Beach as a natural area
containing high quality ecosystems that are worthy of protection. The
Town of Palm Beach hereby adopts for purposes of the protection of said
natural area and for purposes of the regulation of the buffer area around
said natural area those sections of the Palm Beach County Code known
as the "Palm Beach County Countywide Prohibited Invasive Non - Native
Vegetation Removal Ordinance" relating to the protection and regulation of
these areas. Additionally, the Town of Palm Beach adopts the incentive
program offered by Palm Beach County as incorporated within the "Palm
Beach County Countywide Prohibited Invasive Non - Native Vegetation
Removal Ordinance."
(e) Enforcement. Violations of this Ordinance shall be:
(1) Failure of a property owner to remove or eradicate prohibited
invasive non - native vegetation in accordance with
subsections (a) and (c) of this ordinance.
(2) Failure of a property owner to maintain nonexempt
properties free of prohibited invasive non - native vegetation
in accordance with subsection (c) of this ordinance.
The following are procedures which are to be followed for
compliance and enforcement of this ordinance.
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(1) Inspection of a parcel to determine the possible location of
prohibited invasive non - native vegetation.
(2) Preparation and provision of a notice informing the parcel
owner of prohibited invasive non - native vegetation on the
parcel and instructions for the removal or eradication of the
vegetation and a timeframe provided for compliance. A
follow up inspection is conducted.
(3) In the event there is a failure to comply by the property
owner after notice as prescribed, the failure to comply will be
noticed for hearing before the Town's Code Enforcement
Board."
Section 2. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can
be given effect without the invalid provisions or applications, and to this end the
provisions of this Ordinance are hereby declared severable.
Section 3. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Section 4. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Palm Beach.
Section 5. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
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PASSED AND ADOPTED in a regular, adjourned session on first reading this
/may of 2t' , 2003, and for a second and final reading on this 974,
day of p8,ted , 2003.
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1 S . c u *% m ia■R-e 52 --
Lesly. Smites, Mayor William J• • •ks�, uncil President
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Norm n P. Goldblum
President Pro -Tem
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Ja Don Id, Councilman
/I ` ' r ' / 1 ' Samuel C. McLendon, Councilman
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�� (`� i � M Allen S. Wyett, o un - an
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Mary A. Pollitt, Town Clerk
N: \JCR \13156 ORDINANCES \Sec 66- 311.doc
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