Ordinance 21-2018 Natural Resources Protection ORDINANCE NO. 21-2018
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM
BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THE TOWN OF PALM BEACH AT CHAPTER 66,
NATURAL RESOURCE PROTECTION, AT ARTICLE 1, IN GENERAL,
SECTION 66-2, DEFINITIONS; AT ARTICLE IV, VEGETATION, SECTION
66-212, PURPOSE AND INTENT; TO INCLUDE A NEW SECTION 66-285,
GENERAL UNDER DIVISION 4, DESIGN REQUIREMENTS; AMENDING
SECTION 66-286, WATER CONSERVING LANDSCAPE DESIGN; AND
AMENDING SECTION 66-311, PROHIBITED PLANTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH,
PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The foregoing recitals are hereby ratified and confirmed.
Section 2. The code of Ordinances of the Town of Palm Beach is hereby amended at Chapter
66, Natural Resource Protection; Article I, In General; Section 66-2, Definitions, to read as
follows:
"Sec. 66-2. - Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
DSH means diameter at standard height 0.5 feet or 1.37 meters) measured from the top of
rootball.
moisture from known weather and related inputs. as follows:
necessary to maintain adequate soil moisture.
Hut rucking means the removal of main stems, tops of trees. or a significant percentage of tree
canopy, generally by cross-cutting the main stem(s) or leaders, leaving stubs.
Hedge means a dense row of regularly spaced shrubs planted to form a continuous, unbroken
visual screen.
Mulch means nonlivingorganic, arsenic free material such as wood chips, pine straw or bark
placed on the soil to reduce evaporation, prevent soil erosion. control weeds and buffer soil
temperature. . . - . - •.
retain moisture.
Native plant community is a natural association of plants dominated by one or more prominent
native plant species.
Native plant species shall be the plant species indigenous to the ecological communities of
South Florida, as indicated as native to South Florida by the University of Florida in the Atlas of
Vascular Plants, or that can be scientifically documented to he native to South Florida.
Poi/arc/ling is a pruning system involving the removal of the upper branches of a tree thus
promoting a dense head of foliage and branches.
Section 3. The code of Ordinances of the Town of Palm Beach is hereby amended at Chapter
66, Natural Resource Protection; Article IV, Vegetation, to read as follows:
"DIVISION 1. - GENERALLY
Sec. 66-212. - Purpose and intent.
It is the intent of the town to promote the health, safety and welfare of existing and future
residents of the town by establishing minimum standards for the protection of natural plant
communities, and the installation and continued maintenance of landscaping within the town,
in order to:
(1) Promote health and safety through greater use of cultural and biological controls and
reduced use of chemical pesticides for the management of pests. such as whitefly.
(2) Promote the planting of appropriate native vegetation to encourage the presence of
birds and wildlife and to eliminate or significantly reduce the need for fertilizers.
pesticides and water
(3) Promote water conservation andilm•rove air •uality by •romotin eva•otrans•iration
and through the use of permeable land areas for aquifer recharge and surface water
filtration.
(4) Maintain and improve the aesthetic appearance of the town through appropriate
landscape design: thereby protecting and increasing property values throughout the
community.
(5) Improve the environmental quality of the town.
(6) Eradicate or control certain Category I invasive exotic plant species and eradicate or
control Category II invasive exotic plant species as listed on the most current Florida
Exotic Pest Plant Council's List of Invasive Plant Species.
(7) Protect and encourage native shoreline and wetland ecosystems.
(8) Offer special guidelines for the removal and control of those pestilent exotic species
that are particularly deleterious to native shoreline environments.
(9) Protect listed plant species that inhabit the town as referenced in Sec. 66-312.
(10) Reduce noise and pollution by designing landscaping to visually screen unsightl'
views and reduce noise impacts from major roadways and incompatible uses,through
the filtering capacity of living trees and vegetation.
(1 1) Provide a visual buffer between otherwise incompatible types of land uses.
(12) Strengthen important vistas and reinforce desirable site design.
(13) Promote energy conservation by encouraging cooling through the use of vegetation
that creates shade.
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(14) Encourage the use of rain harvesting systems, such as cisterns. as a means to
conserve water by reducing overwatering of landscapes.
(15) Promote water conservation and lower water costs through the use of smart irrigation
systems and planting native plants appropriate for the location.
Section 4. The code of Ordinances of the Town of Palm Beach is hereby amended at Chapter
66, Natural Resource Protection; Article IV, Vegetation, to read as follows:
DIVISION 4. - DESIGN REQUIREMENTS
Sec. 66-285. — General
(1). At least 25 percent (25%) of all new required landscaping. in the form of trees, shrubs
and ground cover plants. other than grass. shall consist of native vegetation. To
determine appropriate native vegetation the Xeriscape Plant Guide by the South
Florida Water Management District, or if available County or regional lists as
amended may be used.
(2) The hatracking of trees is prohibited; however pollarding is permitted.
Section 5. The code of Ordinances of the Town of Palm Beach is hereby amended at Chapter
66, Natural Resource Protection; Article IV, Vegetation, to read as follows:
Sec. 66-286. - Water conserving landscape design.
(5) Use of organic mulches. When appropriate, a minimum of two inches of arsenic-free
organic mulch shall be installed around each tree planting for a minimum of 18
inches beyond its trunk in all directions, including palms, and throughout all hedge,
shrub, and groundcover plantings. Mulch shall be pulled a minimum of two inches
away from trees and palms. Appropriate mulching material consists of by-product or
alternative mulches such as eucalyptus, pine needles, pine finds, oak leaf. Atlas grow
soil, utility or other mulch as recommended by Florida Friendly Landscaping
.rincieles. The use of Cypress mulch. pine mulch. and dyed mulches is prohibited.
Section 6. Sec. 66-311. Prohibited Plants is hereby amended to include the following
provisions:
(d) Prohibition officus benjamina. Due to extreme susceptibility of the invasive
white fly pest and the consequent enforcement issues to require owners to treat or
remove infested ficus benjamina, no new planting of ficus benjamina shall be
allowed. The planting of appropriate native vegetation in a hedge or hedgerow is
encouraged.
(ed) Protection of natural area and incentives. The county has recognized the
Palm Beach Island Sanctuaries(R43 T43 S34;R43 T44 S03/10/15) located within
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the town as a natural area containing high quality ecosystems that are worthy of
protection. The town 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 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 adopts the
incentive program offered by the county as incorporated within the "Palm Beach
County Countywide Prohibited Invasive Non-Native Vegetation Removal
Ordinance."
(fe) Enforcement. Violations of this section shall be:
(1) Failure of a property owner to remove or eradicate prohibited invasive non-
native vegetation in accordance with subsection (a) and (c) of this section.
(2) Failure of a property owner to maintain nonexempt properties free of
prohibited invasive non-native vegetation in accordance with subsection (c) of
this section.
Section 7. 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 8. 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 9. Codification.
This Ordinance shall be codified and made a part of the official Code of Ordinances of the
Town of Palm Beach.
Section 10. 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 of the Town Council of the
Town of Palm Beach on first reading this 19th day of March,2019,and for second and final reading
on this 9th day of April, 2019.
.,
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VA A I _ • it IL ii. ()rvx.
L. Conig io, Mayo Danielle H. Moore, Town Council President
41/M-54e.t>t- 7(d;Z
Margaret A. Zeidma1Council President Pro Tem
1 %
Julie raskoy), - Ibluncil Me 9er
4 4
4.4.46
Ai 4
ATTEST: Lewis S.W. Crampt,, ownvCouncil Member
lAAA. iii.t. lig I -Kathleen Dominguez,Dominguez, Town Cl I Bobbie Lindsay, Town Council Me -r
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