HomeMy WebLinkAbout2024-04 Code Amendment - Trees and ShrubberyORDINANCE NO. 2024-04
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, AMENDING CHAPTER 27, "TREES AND
SHRUBBERY," OF THE VILLAGE CODE OF ORDINANCES TO ADOPT A
NEW ARTICLE III, "SIGHT TRIANGLES," PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, prior the adoption of Ordinance No. 2020-06, many of the Village's landscaping
regulations were set forth in Article III, "Landscaping," of Chapter 27, "Trees and Shrubbery," of the
Village Code of Ordinances; and
WHEREAS, Ordinance No. 2020-06 repealed Article III in its entirety and moved most of the
regulations to the newly adopted Article VIII, "Landscaping," of Chapter 45, "Zoning," of the Village
Code of Ordinances; and
WHEREAS, while Article VIII of Chapter 45 ("Landscaping") allows the Village to require safe sight
triangles and mandates that landscaping on state roads be installed in accordance with Florida
Department of Transportation requirements, Article VIII does not apply to single-family or two-
family dwellings; and
WHEREAS, Village Administration recommended the readoption of the language previously set
forth in Section 27-66 of the Village Code of Ordinances regulating the sight distances for landscaping
adjacent to public rights -of -way and points of access for residential properties within the Village; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the interests of
the health, safety, and welfare of the residents of the Village of North Palm Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends Chapter 27, "Trees and Shrubbery," of the Village
Code of Ordinances by adopting a new Article III to read as follows (additional language is
underlined):
ARTICLE III. SIGHT TRIANGLES
Sec. 27-31. Sight distance for landscaping adjacent to public rights -of -way and
points of access.
(a) On any residentially zoned property within the village, when an alley,
service lane, service road, or private driveway intersects a public right-of-way or when
the subject property abuts the intersection of two (2) or more public rights -of -way, the
landscaping or any solid installation within the triangular areas described below shall
provide unobstructed cross -visibility at a level between three (3) feet and six (6) feet;
provided, however, trees or palms having limbs and foliage trimmed in such a manner
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that no limbs or foliage extend into the cross -visibility area shall be allowed, provided
they are so located so as not to create a traffic hazard. Landscaping except required
grass or ground cover shall not be located closer than three (3) feet from the edge of
any accessway pavement. The triangular areas referred to above are:
(1) The areas of property on both sides of an alley, service lane, service
road, or private driveway formed by the intersection of each side of the
alley, service lane, service road, or private driveway and the public
right-of-way line with two (2) sides of each triangle being ten (10) feet
in length from the point of intersection and the third side being a line
connecting the ends of the two (2) other sides.
(2) The area of property located at a corner formed by the intersection of
two (2) or more public rights -of -way with two (2) sides of the triangular
area being thirty (30) feet in length along the abutting public right-of-
way lines, measured from their point of intersection, and the third side
being a line connecting the ends of the other two lines.
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of the
Village of North Palm Beach, Florida.
Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such
holding shall not affect the remainder of this Ordinance.
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 22ND DAY OF FEBRUARY, 2024.
PLAC ECOND, FINAL READING AND PASSED THIS 14TH DAY OF MARCH, 2024.
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
MAYOR
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