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HomeMy WebLinkAbout2002-08 Trees in SwaleORDINANCE 08-2002 • AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 27-17, PLANTING AND REMOVAL; WRITTEN APPROVAL REQUIRED, OF ARTICLE II, TREES IN SWALE AREAS, OF CHAPTER 27, TREES AND SHRUBBERY, OF THE CODE OF ORDINANCES OF THE VILLAGE TO DELETE THE REQUIREMENT THAT PROPERTY OWNERS MUST SECURE VILLAGE APPROVAL PRIOR TO REMOVAL OF TREES IN SWALE AREAS; AMENDING SECTION 27-18, VARIETY AND LOCATION, TO PROVIDE A NEW LISTING OF TREES THAT MAY BE PLANTED IN SWALE AREAS AND FOR OTHER PURPOSES; ADDING A NEW SECTION 27-20, MAINTENANCE, TO PROVIDE THAT SWALE AREAS SHALL BE MAINTAINED BY THE ADJACENT PROPERTY OWNER OR TENANT; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. Section 27-17, Planting and Removal; Written Approval Required, of Article II, Trees in Swale Areas, of Chapter 27, Trees and Shrubbery, of the Code of Ordinances of the Village is hereby amended to read as follows: "Section 27-17. Planting; Written approval required. No trees shall be planted in the swale areas except by the Village or by property owners who have obtained written approval of the Public Services Director to plant any tree." Section 2. Section 27-18, Variety and Location, of Article II, Trees in Swale Areas, of Chapter 27, Trees and Shrubbery, of the Code of Ordinances of the Village is hereby amended to read as follows: "Section 27-18. Variety and location. The following regulations shall govern the variety and location of trees planted in swale areas: (1) Only those trees set forth below may be planted in any swale area: • • • SMALL TREES COMMONBOTANICAL NAME SWEET ACACIA Acacia farnesiana DWARF POINCIANA Caesalpina spp. WEEPING BOTTLEBRUSH Callistemon viminalis GLAUCUS CASSIA Cassia surattensis SILVER BUTTONWOOD Conocarpus erectus var. `sericeus' WHITE GEIGER/TEXAS OLIVE Cordia boissieri ORANGE GEIGER Cordia sebestena MEDIUM TREES COMMONBOTANICAL NAME PITCH APPLE Clusia rosea PIGEON PLUM Coccoloba diversifolia SEAGRAPE Coccoloba uvifera DAHOON HOLLY Ilex cassine STOPPERS Eugenia spp. LIGNUM VITAE Guaiacum sanctum HIBISCUS "Standards" Hibiscus spp. TREE JATROPHA Jatropha spp. CREPE MYRTLE Lagerstroemia indica WAX MYRTLE Myrica cerifera FRANGIPANI Plumeria rubra BLACK IRONWOOD Krugiodendron ferreum SABICU Lysiloma latisiliqua MADAGASCAR OLIVE Noronhia emarginata ALLSPICE Pimenta dioica SOAP BERRY Sapinous Marinatus • • LARGE TREES COMMONBOTANICAL NAME RED MAPLE Acer rubrum GUMBO LIMBO Bursera simaruba CALOPHYLLUMBEAUTY LEAF Calophyllum spp. SATINLEAF Chrysophylium oliviforme GREEN BUTTONWOOD Conocarpus erectus JAPANESE FERN TREE Filicium decipiens LOBLOLLY BAY Gordonia Iasianthus BLOLLY Guapira discolor QUEEN'S CREPE MYRTLE Lagerstroemia speciosa WILD TAMARIND Lysiloma bahamensis SWEETBAY MAGNOLIA Magnolia virginiana MASTIC TREE Masticodendron foetisdissimum YELLOW POINCIANA Peltophorum pterocarpum REDBAY Persea borbonia SLASH PINE Pinus elliotii var. "densa" JAMAICAN DOGWOOD Piscidia piscipula LAUREL OAK Quercus Iaurifolia LIVE OAK Quercus virginiana PARADISE TREE Simarouba glauca BALD CYPRESS Taxodium distichum SOUTHERN MAGNOLIA Magnolia Grandiflora RED CEDAR Juniperus Silicicola • • SMALL PALMS COMMONBOTANICAL NAME SILVER PALM Coccothrinax argentata NEEDLE PALM Rhapidophylium hystrix BOTTLE PALM THATCH PALM Hyophorbe Iagencaulis Thrinax spp. SPINDLE PALM CHRISTMAS PALM Hyophorbe verschaffeltii Veitchii merrillii MAJESTY PALM Ravenea glauca LARGE PALMS COMMONBOTANICAL NAME PAUROTIS/EVERGLADES PALM Acoelorrhaphe wrightii CHINESES FAN PALM Livistonia chinensis ALEXANDRA PALM TRIANGLE PALM Archontophoenix alexandrae Neodypsis decaryi BISMARK PALM Bismarkia nobilis ROYAL PALM Roystonea regia HURRICANE PALM CABBAGE/SABAL PALM Dictyosperma album Sabal palmetto BLUE LANTANIA Latania Ioddigesii Alternative trees of the same character as those listed above may be considered subject to approval by the Public Services Director. Exotic, Pest and Invasive plants as listed by the Florida Exotic Pest Plant Council are specifically prohibited. Coconut trees, fruit trees and shrubs are specifically prohibited. (2) Swale trees shall be planted so as not to impede the flow and storage of storm water. Swale trees shall be planted and maintained to provide safe sight distances in accordance with Section 27-66. Incidental plantings of flowers may be planted and maintained without permit subject to the same criteria described herein. • • (3) Swale trees shall be planted in accordance with Florida Power and Light Company guidelines so as to avoid interference with overhead utility lines." Section 3. A new Section 27-20, Maintenance, is hereby added to the Code of Ordinances and to read as follows: "Section 27-20, Maintenance. Swale areas shall be maintained by the adjacent property owner or tenant." Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a Court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 6. This Ordinance shall take effect immediately upon passage. PLACED ON FIRST READING THIS 14th DAY OF MARCH, 2002. PLACED ON SECOND, FINAL READING AND PASSED THIS 28th DAY OF MARCH, 2002. I,I Age SEAL-' ) ._ -• • ATTEST: • • VILLAGE CLERK MAY R v 5