Ordinance 17-2017 Natural Resources Protection ORDINANCE NO. 17-2017
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING
THE TOWN CODE OF ORDINANCES AT CHAPTER 66,NATURAL
RESOURCE PROTECTION AS FOLLOWS: ARTICLE 1, IN
GENERAL, SECTION 66-2 TO CREATE A DEFINITION FOR
"PESTILENT EXOTIC/INASIVE SPECIES"; ARTICLE III,
VEGETATION, SUBDIVISION IV, CONSERVATION DISTRICT,
SECTIONS 66-369—66-375 TO CREATE A PERMITTING PROCESS
FOR LANDSCAPING AND RELATED WORK TO BE DONE IN THE
CONSERVATION ZONING DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Palm Beach's Comprehensive Plan contains provisions in the
Coastal Management/Conservation Element that provide for the protection of native vegetative
communities and the removal of exotic, non-native vegetation from the shoreline in the Lake
Worth Lagoon; and
WHEREAS, Objective 2 of that Element states that the Town shall protect native
vegetation communities and their associated wildlife by implementing policies that protect and
restore native vegetation; and
WHEREAS, the measurement of Objective 2 is the degree in which the Policies in
Objective 2 are implemented; and
WHEREAS, after a public hearing pursuant to notice required by law, the Ordinance,
Rules, and Standards Committee considered all testimony and recommended that the Town
Council adopt the subject Ordinance; and,
WHEREAS, after public hearing pursuant to notice as required by law, the Town Council
does hereby find, determine, and declare that the public health, safety, morals and general welfare
of the citizens of the Town of Palm Beach require that the aforesaid Chapter 66,Natural Resource
Protection, of the Code of Ordinances, be amended as hereinafter set forth.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Amend ARTICLE I, IN GENERAL, Section 66-2, Definitions, to read
as follows:
Sec. 66-2. Definitions.
...Pestilent Exotic/invasive Species means species as identified by the Florida Exotic
Pest Plant Council's Invasive Plant List.
Section 2. Amend ARTICLE III,VEGETATION,DIVISION 5,
REGULATIONS,Subdivision IV, Conservation District, Sections 66-369—66-375,
to read as follows:
Subdivision IV Conservation District
Sec.66-369. Application procedure for Conservation District alteration.
Conservation District alteration permits shall be required to remove pestilent exotic or
invasive species, install native species,maintain native habitat or make site improvements
necessary to secure the property. Such permits shall be obtained by submitting an application
prior to removal, installation,maintenance or site improvement to the planning,zoning and
building department director or his or her designee.The application shall include a written
statement specifying the reasons necessitating the work to be performed.
Sec.66-370. Circumstances justifying issuance.
Permits shall be issued in the following circumstances:
(1) Presence of pestilent exotic or invasive species.
(2) Work is necessary to protect against natural habitat degradation.
Sec.66-371.Permit conditions.
The following conditions shall be required for issuance of a permit:
(1) All native habitat must be restored in accordance with all federal, state,and local
regulations.
(2) Applicant must demonstrate plans for maintaining conservation area/native
plant/threatened or endangered communities in a natural,undisturbed state.
(3) Mulching or placement of removed vegetation on site is prohibited.
(4) Documentation that all mangrove trimming will be done by an authorized professional
mangrove trimmer(PMT) in accordance with Fla. Stat. §403.9329.
(5) All mechanical equipment necessary for the proposed work shall be identified and is
subject to approval by the planning, zoning and building department director or
designee.
Sec.66-372.Plans required.
A landscaping plan shall include the following:
a. Property boundaries, location of any site improvements, including but not limited
to walls,fences, gates,retention areas,easements,rights-of-way, drainage
structures,overhead and underground utilities,poles,fire hydrants,check valves,
transformers and other features to remain or to be removed.
Ordinance No. 17-2017 Page 2 of 4
b. Location,botanical name,and common name of all existing and proposed
vegetation, including invasive or pestilent exotic species,three inches or larger in
diameter at standard height(4.5')on the property, identifying all vegetation that
will be added,retained,relocated,removed or disturbed.
c. Threatened or endangered vegetative species as identified by the Florida
Department of Agriculture and Consumer Services in its Regulated Plant Index.
d. Planting specifications, including but not limited to staking, fertilization,top soil.,
mulching, and identification of any mechanical equipment to be used.
e. Method to protect trees, including historic or specimen trees,vegetation, and
native plant communities during performance of work.
f. Such other information that may be required to give a complete understanding of
a proposed plan.
Sec.66-373.Fees required.
Applications shall be accompanied by a fee which shall be in accordance with the schedule
of fees adopted by resolution by the town council and amended in the same manner. When
professional advice and/or consultation is required,as determined by the director of the
planning, zoning and building department,the expense shall be borne by the applicant.
Sec.66-374.Permit issuance and time limitations.
Upon approval of an application,the planning,zoning and building department director or
his designee shall issue a permit.Permits shall expire and become null and void if work is not
commenced within 90 days from the date of permit issuance. Work must be completed and
pass final inspection within six months of permit issuance. A time extension for the permit may
be granted by the planning,zoning and building department director or his or her designee for
good cause upon written request.A denial of a time extension request may be appealed to town
council.The appeal shall be filed within five business days of notice of denial.If an appeal to
the town council is made,the town council shall act upon such appeal no later than forty-five
days subsequent to the notice of appeal.
Sec.66-375.Penalty for violation.
Any person who performs work outside of the scope of an issued permit shall be subject to
the code enforcement provisions set forth in Sections 2-401 through 2-439 of the town code of
ordinances. In addition,the applicant may be required to pay to the town a civil penalty equal to
the total value of work required to restore the site to the conditions approved in the permit.
Restoration work may be required as restitution in lieu of money. A combination of money and
restoration work may be required.
Sec. 66-376-66-400.Reserved.
Section 5. 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 6. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict with
Ordinance No. 17-2017 Page 3 of 4
this or any part of this Ordinance are hereby repealed.
Section 7. Codification.
This Ordinance shall be codified and made a part of the official Code of Ordinances of the
Town of Palm Beach.
Section 8. Effective Date.
This Ordinance shall take effect immediately upon its passage on second and final reading.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the
Town of Palm Beach on first reading this 14th day of June, 2017, and for second and final reading
on this 12th day of July, 2017.
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, L. Conig 'o, ayor Richard M. Kleid, Town Council President
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Danielle H. Moore, Council President Pro Tern
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Gwendolynn Peir , CMC Marga' t A. Zeidman, own Counc',i Member
Acting Town Clerk
Ordinance No. 17-2017 Page 4 of 4
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