Ordinance 23-2011 Prohibited Plants ORDINANCE NO. 23 -2011
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING THE CODE OF ORDINANCES AT CHAPTER
66 NATURAL RESOURCES, ARTICLE IV VEGETATION,
DIVISION 5, REGULATIONS, SECTION 66 -311
PROHIBITED PLANTS, SO AS TO AMEND THE REMOVAL
DATE FOR AUSTRALIAN PINES SO AS TO REFLECT
THAT THE REMOVAL DATE OF 2012 SHALL ONLY BE
APPLICABLE TO AUSTRALIAN PINES LOCATED WITHIN
500 FEET OF THE PALM BEACH ISLAND SANCTUARIES
LOCATED WITHIN THE TOWN AND DESCRIBED
HEREIN; 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 Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 66 Natural Resources, Article IV Vegetation, Division 5
Regulations, Section 66 -311, to read 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 subsection (c) of this section:
(1) Australian pine (Casuarina spp.).
(2) Brazilian pepper (Schinus terebinthefolius).
(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).
(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:
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
Ordinance No. 23 -11 Page 2 of 5
Schefflera Schefflera actinophylla 2006
Australian Pine' Casuarina spp. 2012
Kudzu Pueraria montana var. 2008
lobata
*The 2012 date relating to the removal of the Australian Pine, Casuarina
sp . shall only pbe
= p �alicable to Australian Pines which are within 500 feet
of a county de low, i.e. the
Palm Beach Island Sanctuaries.
Upon removal of the prohibited and invasive non-native vegetation
specified under this section, the property owner shall maintain the property
free of such prohibited invasive non-native vegetation.
(d) 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 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."
(e) 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 subsections (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.
The following are procedures which are to be followed for compliance and
enforcement of this section.
Ordinance No. 23-11 Page 3 of 5
(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
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be given effect without the invalid provisions or applications, and to this end the
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provisions of this Ordinance are hereby declared severable.
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Section 3. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which
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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.
Ordinance No. 23 -11 Page 4 of 5
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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 13th day of September, 2011, and for
second and final reading on this 11 day of October, 2011.
Gail oniglio, Mayor D ow, Town Council President
y Ro ert. Wild rick,
A¢
i it Pr e er�t Pro Tem
- it am J Diamond, Town Counci Member
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Rich d M. Kleid, Town Council Member
, Q "
Susan A. Owens, Town Clerk Micha l J. Pucillo, own Council Member
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