For the purpose of enforcing and administering this chapter, definitions referenced in section 32-8 shall apply. In construing the provisions of this chapter, if no definition is provided and the context will permit, the latest editions of the following publications recognized as authoritative in the scientific and engineering fields shall apply:

(1)

"Tree Protection Manual for Builders and Developers" by the Florida Department of Agriculture Division of Forestry;

(2)

"Standards for Pruning Shade Trees" by the National Arborist Association;

(3)

"Hortus III, Trees Native to Tropical Florida" by Tomlinson;

(4)

"500 Plants of South Florida" by Julia Morton;

(5)

"Dig Manual" by State of Florida;

(6)

"Manual for Plant Appraisers" by Council of Tree and Landscape Appraisers; and

(7)

"Arboriculture Second Edition" by Richard W. Harris.

(Code 1980, § 29-1)

Cross reference— Definitions generally, § 1-2.

(a)

No person shall abuse, cut down, destroy, remove, move or effectively destroy through damaging any tree within the city except as provided in this chapter.

(b)

The following are exempt from the prohibition of tree abuse as set forth in this section:

(1)

Topiary pruning when the trees are located on owner-occupied property developed for detached single-family or duplex usage, or the trees were not installed to meet minimum landscaping requirements and are identified on an approved landscape plan as appropriate for topiary pruning.

(2)

Tree abuse necessary to alleviate a dangerous condition posing an imminent threat to the public or property.

(Code 1980, § 29-2; Ord. No. 2000-10, § 1, 4-4-2000)

The terms and provisions of this chapter apply to real property as follows:

(1)

All vacant and undeveloped property.

(2)

All property to be redeveloped.

(3)

All property where there is to be any addition or alteration, except developed single-family and two-family lots.

(4)

The yard areas of all developed property, except developed single-family lots.

(5)

All rights-of-way, public or private.

(Code 1980, § 29-3)

(a)

Required; compliance with chapter. No person shall directly or indirectly cut down, destroy, remove or move, or effectively destroy through damaging, or authorize the cutting down, destroying, removing or moving, or damaging, any trees situated on property described in this chapter without a permit as provided in this section being obtained. No city official shall issue a permit provided for in this section in violation of the requirements of this chapter.

(b)

Application fee. Permits for removal, relocation or replacement of trees covered in this chapter shall be obtained by making application, in a form prescribed by the city, for permit to the department of development services. The application shall be accompanied by a permit fee set by resolution (although governmental agencies shall be exempted from permit fees) and a written statement indicating the reasons for removal, relocation or replacement of trees and four copies of a legible site plan drawn to the largest practicable scale indicating the following:

(1)

Location of all existing or proposed structures, improvements and site uses, properly dimensioned and referenced to property lines, setback and yard requirements and spatial relationships.

(2)

Proposed changes, if any, in site elevations, grades and major contours.

(3)

Location of existing or proposed utility services.

(4)

The location of all trees on the site designating the trees to be retained, removed, relocated or replaced. Groups of trees in close proximity may be designated as clumps of trees with the estimated number noted. Only those trees to be removed, relocated or replaced must be named (common or botanical name) on the site plan. A certified tree survey is required when the property contains five or more trees.

(5)

Tree information required in this section shall be summarized in legend form on the plan and shall include the reason for the proposed removal, relocation or replacement.

(6)

Applications involving developed properties may be based on drawings showing only that portion of the site directly involved and adjacent structures and incidental landscaping or natural growth.

(7)

Applications involving new arterial roads shall not be required to include a detailed site plan.

(8)

Starting date and duration of proposed activity.

(c)

Application review. Upon receipt of a proper application, the department of development services shall review the application, which may include a field check of the site and referral of the application for recommendation to other appropriate administrative departments. The department of development services shall take all steps to ensure a decision on the application within 30 days; however, if more time is required to process the application, a request in writing stating a specified extension of time shall be made to the applicant; however, expiration of the review time does not entitle the applicant to remove the trees which are subject to the application.

(d)

Removal permit issuance. No permit shall be issued for tree removal unless one of the following conditions exists:

(1)

The tree is located in the buildable area, yard area or street right-of-way where a structure or improvement is to be placed and for which a permit application has been filed, and it unreasonably restricts the permitted use of the property, and the applicant has made every reasonable effort to incorporate existing trees and to minimize the number of trees removed.

(2)

The tree is diseased, injured, in danger of falling, too close to existing or proposed structures so as to endanger such structures, interferes with utility services, creates unsafe vision clearance, is growing in too close proximity to other trees to permit normal growth and development of affected trees consistent with good forestry practices or where a tree is causing damage to the public right-of-way.

(3)

The tree unreasonably restricts bona fide agricultural use of the property and is located in a zoning district which permits agricultural use.

(4)

The trees proposed to be removed are the minimum number necessary for use of the property.

(e)

Relocation or replacement permit issuance. As a condition of the granting of a permit, the applicant must either relocate the trees being removed or replace the trees being removed with suitable replacement trees. If it is determined that an applicant cannot relocate or replace removed trees, the applicant shall pay the appropriate fee into the city's tree preservation trust fund.

(f)

Tree relocation bond requirement.

(1)

Unless otherwise exempted by this chapter, any person conducting tree relocation activities involving specimen trees must post a bond to insure the survival of the trees. The bond must meet the approval of the city attorney and may be in the form of a letter of credit drawn upon banks or savings and loan institutions legally doing business in the state or other acceptable means as approved by the city attorney. This bond shall be in addition to any other bond required by any other government entity.

(2)

The amount of the required bond shall be computed based upon the most current version of the "Guide for Plant Appraisal," published by the International Society of Arboriculture.

(3)

Government entities are exempt from bond requirements.

(g)

Release and drawing on bonds. Tree relocation bonds will be released upon successful tree relocation as set forth in subsection (i) of this section. Bonds involving specimen trees shall be released upon completion of construction activities if it is determined by the city that the trees are not effectively destroyed.

(1)

Bonds may be released by the city when a tree removal permit is transferred. The city may require the subsequent permittee to replace the bond prior to agreeing to release the original bond.

(2)

If a tree is determined by the city to be effectively destroyed within one year from the date of relocation, the bond shall be drawn upon and funds will be deposited into the city tree preservation trust fund.

(h)

Methodology for payment into tree preservation trust fund. If it is determined that an applicant cannot relocate or replace removed trees, the applicant shall pay a fee into the city's tree preservation trust fund. The applicant will submit three cost estimates which reflect the dollar value of the trees being removed. Cost estimates must be based upon the species, height, diameter and maturity of the trees; and estimates must be prepared by a licensed nursery. The city will determine the accuracy of the submitted estimates. The applicant is required to make payment for the accepted cost estimate plus the cost for installation. Installation costs are equal to twice the cost of the trees.

(i)

Relocation plan. If any tree is to be relocated on or off the site, a relocation plan must be submitted and approved by the city prior to granting a tree removal permit. In determining the required relocation or replacement of trees, the designated public agency shall consider the needs of the intended use of the property, together with a realistic evaluation of the following:

(1)

Tree canopy coverage shall be determined so there is no loss of coverage upon maturity of the replacement trees.

(2)

Number of trees to be removed on the entire property. The replacement canopy coverage shall at least equal the area of canopy coverage which was removed. Relocation of trees on the site will be counted towards equivalent replacement canopy. Relocation of trees off the site shall be counted as half credit towards equivalent replacement.

(3)

Area to be covered with structures, parking, and driveways.

(4)

Topography and drainage.

(5)

Character of the site and its environs.

(6)

Ecology of the site.

(7)

Characteristics and amount of shrubs, grass and trees proposed for planting on the site by the applicant.

(8)

Native trees shall be required to replace native tree canopy coverage that is removed.

(9)

For tree replacement requirements of one to five trees, a minimum of one species shall be utilized as a replacement tree. For six to ten replacement trees required, a minimum of two species shall be utilized. For 11 to 20 replacement trees required, a minimum of three species shall be used. For 21 to 50 replacement trees required, a minimum of four species shall be utilized. For 51 of more replacement trees required, a minimum of five species shall be utilized.

(10)

For trees removed pursuant to section 29-4(d)(1), an additional 50 percent tree replacement shall be required.

(11)

Replacement trees shall be Florida No. 1 quality or better. The diameter of the replacement tree shall be equal to or greater than the diameter of the trees being removed. More than one tree may be utilized for replacement if the aggregate sum of the diameters of the replacement trees is equal to or greater than the diameter of the trees being removed. Each replacement tree shall have the largest diameter commercially available in Dade, Broward and Palm Beach counties for the tree species selected, provided that no replacement tree shall have a diameter of less than three inches. Diameter measurements shall be made at four and one-half feet above the ground.

(12)

The method to be followed in relocating trees shall be in compliance with the guidelines for tree relocation available in the growth management department.

(13)

For tree protection from construction work during any construction, land development or lot clearing, the contractor and the owner of the property subject to this section shall adhere to the requirements as follows:

a.

Place and maintain protective barriers around the dripline of all trees to be retained on the site to prevent their destruction or damage. The protective barriers shall be conspicuous enough and high enough to be seen easily by operators of trucks and other equipment. Protective barriers shall be constructed of sturdy material (not flagging or ribbons).

b.

Not store or use materials or equipment within the dripline of any tree to be retained on the site unless the activity is being done to protect trees.

c.

Not discharge or contaminate the soil within the dripline of any tree to be retained on the site with any construction materials such as paint, oil, solvents, petroleum products, asphalt, concrete, mortar, or other materials that may cause adverse impacts.

d.

Clearing of vegetation within the dripline of trees designated for preservation shall only be by hand or light rubber-wheeled equipment that will not damage tree roots.

e.

Utilize retaining walls and drywells where needed to protect trees to be preserved from severe grade changes.

f.

Pruning of trees to be preserved shall be in accordance with the standards for pruning established by the National Arborist Association or standards for palm pruning as listed in "Arboriculture Second Edition" by Richard W. Harris, as amended.

g.

Make no attachments, other than those of a protective and nondamaging nature, to any tree to be retained on the site.

h.

Not change the natural grade above the root system within the dripline of any tree to be retained on the site unless it can be demonstrated to the city that it will not damage any tree.

i.

Avoid any encroachments, excavations or severe grade changes within the dripline of preserved trees unless it can be demonstrated to the city that it will not impact any tree.

j.

Any trees designated to be preserved which are damaged during construction shall promptly be repaired.

(14)

Any person who abuses a tree in violation of this article shall:

a.

Undertake pruning and other remedial action as determined by the city, not limited to the removal of severely abused trees to protect public safety and property, and corrective pruning to improve the health and form of affected trees. No tree removal permit is required for the removal of severely abused trees that are removed pursuant to city direction.

b.

Plant replacement trees pursuant to the provisions of section 32-385 if the natural habit of growth of the abused tree is destroyed.

(j)

Tree replacement for specimen trees. A tree appraisal will be performed by the city to determine the dollar value of any specimen tree approved by the city for removal pursuant to subsection (d) of this section. This appraisal shall be pursuant to the "Guide for Plant Appraisal, Eighth Edition," as amended by the Council of Tree and Landscape Appraisers.

(k)

Tree replacement requirements for nonspecimen trees.

(1)

If the city determines that a removed tree cannot be successfully relocated, the tree shall be replaced to compensate for lost canopy coverage.

(2)

The following criteria shall be used by the city to determine the tree replacement requirements:

a.

The tree canopy coverage of a site shall be determined using any combination of the following methods:

1.

Review of aerial photography.

2.

On-site inspection.

3.

Review of tree survey.

b.

A tree that is successfully relocated pursuant to subsection (i) of this section need not be replaced.

c.

Native trees must be planted to replace native tree canopy coverage removed.

d.

The number required of replacement trees shall be based upon the size of area of impact and the species of replacement trees selected by the applicant. The canopy of the replacement trees at maturity shall at least equal the canopy removed.

(l)

Tree replacement requirements for abused trees.

(1)

Any person who abuses a tree in violation of this chapter shall undertake pruning and other remedial actions as determined by the city, not limited to the removal of severely abused trees, to protect public safety and property, and corrective pruning to improve the health and form of affected trees. No tree removal permit is required for the removal of severely abused trees that are removed pursuant to city direction.

(2)

Planting of replacement trees is required if the natural habit of growth of the abused tree is destroyed.

(3)

If the city determines that a removed tree cannot be successfully relocated, such tree shall be replaced to compensate for lost canopy coverage. The tree canopy coverage of a site shall be determined using any combination of the following methods: review of aerial photography, on-site inspection, or review of tree survey. Any tree that is successfully relocated need not be replaced. Native trees must be replanted to replace native tree canopy coverage removed. The number of replacement trees required shall be based on the size of area of impact and the species of replacement trees selected by the applicant. The canopy of the replacement trees at maturity shall at least equal the canopy removed.

(4)

If the natural habit of growth of the tree is destroyed, the violator shall install a replacement tree. Such abused tree shall be removed if it threatens public safety or property.

(m)

Compliance. Whenever any work is being done by a person not in compliance with this article, an appropriate enforcement officer may order that work be stopped and such persons performing such work shall immediately cease such work. The work may not resume until such time as the person is in compliance with this article.

(Code 1980, § 29-4; Ord. No. 2000-10, § 1, 4-4-2000; Ord. No. 2004-2, § 1, 2-17-2004)

(a)

If any tree shall endanger health or safety and require immediate removal without delay, written authorization may be given by the city manager and the tree removed without obtaining a written permit provided the owner of the property can document with photos that such conditions exist.

(b)

All state-approved and governmental plant or tree nurseries and botanical gardens shall be exempt from the terms and provisions of this chapter only in relation to those trees which are so planted and growing for the sale or intended sale to the general public in the ordinary course of business or for some public purpose.

(c)

All groves of trees in active commercial operation shall be exempt from the terms and provisions of this chapter for bona fide agricultural purposes only.

(d)

The types of trees included in the city's list of prohibited trees and noncredit species shall be exempt from the terms and provisions of this chapter other than sections 29-4(d) and 29-9.

(e)

County, municipal or franchised utilities, water control districts, and their authorized agents, are authorized to prune trees in a manner that may be defined as tree abuse provided such pruning is necessary to prevent service interruptions, or to restore interrupted service. These agencies are permitted to conduct such pruning upon presentation to the city of the permit obtained from the county permitting such pruning.

(f)

Topiary pruning shall only be allowed for trees located on single-family lots or for those trees that were not installed to meet minimum landscaping requirements and are identified on an approved landscape plan as appropriate for topiary pruning, and are located outside of rights-of-way or roadway easements.

(g)

Any tree on residential property developed for detached single-family usage is an exception, except for the following:

(1)

Previously preserved, relocated or replaced trees that were preserved, relocated or replaced as a condition of granting a tree removal permit; and

(2)

Historical trees, specimen trees, or tree abuse.

(h)

Under emergency conditions such as hurricanes, wars or natural disasters, county and franchised utilities, water management districts, improvement districts, airports and the state department of transportation may remove a tree in order to prevent an imminent interruption of service or to restore interrupted service.

(i)

During emergency conditions caused by a hurricane or other disaster, the provisions of this section may be suspended by direction of the city.

(j)

The removal or relocation of planted landscape trees prior to the issuance of a certificate of occupancy is an exception.

(k)

Removal of trees, except historical or specimen trees by franchised utilities, water management districts and the state department of transportation after the city and the record of owner of the property on which the trees proposed to be removed are located, receive notification, delivered 15 calendar days prior to tree removal is an exception. The record owners may appeal the tree removal by submitting a letter of appeal to the city prior to expiration of the 15-day period. The appeals process shall be pursuant to section 29-8. Tree removal may proceed after the expiration of the 15-day period, providing no letters of appeal have been received by the city, if:

(1)

The utility or agency can prove prior to tree removal that the:

a.

Tree will cause a continual disruption of service (specimen palm trees may be removed under this exemption);

b.

Easement or property was in actual use prior to the effective date of this section; and

c.

Threat of service interruption cannot be remedied by tree pruning in accordance with National Arborist Association Standards of palm pruning in accordance with the standards listed in "Arboriculture Second Edition" by Richard W. Harris, as amended; or

(2)

The removal is for the purpose of providing new/additional on-site service to existing development. Under this provision, the notification shall be in writing prior to the tree removal. The franchised utility shall not be required to obtain a license but shall comply with all the standards, requirements and conditions of this section.

(Code 1980, § 29-5; Ord. No. 2004-2, § 1, 2-17-2004)

When a rare, historical or valuable tree is located in the buildable area of a lot, in a manner that unreasonably restricts the development of the parcel, the city may waive certain landscaping or parking standards that may be required by article IV, divisions 8 and 11 of chapter 32. In order to waive such requirements, it must be found that the location of the tree unreasonably restricts the development of the parcel as it may be developed if the trees were not on the property. The city shall use the following criteria in making a determination:

(1)

The applicant must submit an architectural site plan of the proposed development which shows that the proposal would meet all applicable development standards of chapter 32 for the proposed use on the parcel.

(2)

The site plan must include the location, height, species and diameter of the existing trees which restricts the development.

(3)

The proposed waiver meets the criteria for granting a variance as provided in section 32-965.

(4)

An administrative fee as set forth by the city shall be due at the time a request for a tree waiver is submitted.

(Code 1980, § 29-6)

(a)

Establishment of trust. There is created the City of Hallandale Beach Tree Preservation Trust Fund in the general trust fund of the city for the purpose of accepting and disbursing the replacement fees paid to the city as part of tree removal permits and any other moneys deposited with the city for tree and landscape purposes. This fund shall solely be used for the planting of trees in the city and any other ancillary costs associated with the planting of trees. Ancillary costs shall not exceed 20 percent of the cost of the particular tree planting project.

(b)

Term of existence. The trust shall be self-perpetuating from year-to-year unless specifically terminated by the city commission.

(c)

Trust assets. All moneys received under this section from public or private concerns shall be placed in trust for and inure to the use and benefit of the city and its successors and assigns in interest.

(d)

Trust administration.

(1)

Trust funds shall be expended, utilized and disbursed only for the purposes designated by the city commission.

(2)

All moneys deposited under this section shall be deposited in the trust, which shall be a separate account established and maintained apart from the other accounts of the city.

(3)

Moneys obtained under this section may be accepted on behalf of the city by the department of finance, which shall cause the moneys to be credited to the trust.

(e)

Disbursal or conversion of assets.

(1)

Trust expenditures for planting of trees to be made by the city will be made in accordance with the guidelines of the city pertaining to contracting and purchasing, and any detailed procedures will be reflected in the internal procedures of the city. The disbursement of these moneys shall be under the control of the city commission and, when required, shall be coordinated with city departments.

(2)

Trust funds will be used to obtain trees, landscaping, sprinkler systems, and any other items or materials necessary and proper for the preservation, maintenance, relocation or restoration of tree ecosystems, for any public land in the city. These moneys may also be used to cover the expense of relocation of trees in the city and the expense of periodically distributing saplings to the public.

(Code 1980, § 29-6.1)

(a)

Any person aggrieved by any decision of the department of development services in the enforcement of any terms or provisions of this chapter may appeal to the city commission by filing, within 15 days after the date of the decision complained of, a written notice of appeal with the city manager, which shall set forth concisely the decision appealed from and the reasons or grounds for the appeal. Each appeal shall be accompanied by a fee as set by resolution to cover the cost of the appeal proceedings. The city commission shall hear and consider all facts material to the appeal and render a decision promptly.

(b)

The city commission may affirm, reverse or modify the decision appealed from, but the city commission shall not take any action which conflicts with or nullifies any of the provisions of this chapter. Reasonable notice of all hearings shall be provided by the city clerk to all affected parties. The decision of the city commission shall be final, and no petition for rehearing or reconsideration shall be considered.

(Code 1980, § 29-7)

(a)

When required. All owners of real property in the city shall be responsible for the removal of dead or terminally diseased trees from their property. Except as otherwise provided in this chapter, such removal shall require a permit.

(b)

Compliance with other regulations. Disposal of all trees cut down, destroyed or removed within the city shall comply with chapter 32. If any tree cut down, destroyed or removed within the city was required by article IV, division 8 of chapter 32, it shall be replaced and maintained in accordance with that article.

(Code 1980, §§ 29-8, 29-9)

(a)

Upon conviction, a violator of any provision of this chapter shall be punished in accordance with the penalties provided by section 1-8. Each tree cut down, destroyed, removed or moved in violation of this chapter shall be a separate violation.

(b)

If a person abuses a tree in violation of this section, the violator shall be responsible to undertake pruning and other remedial actions that the city determines are reasonably necessary to protect public safety and property, and to help the tree survive the tree abuse damage if the tree is not a nuisance species.

(c)

If the natural habit of growth of the tree is destroyed, the violator shall install a replacement tree. Such abused tree shall be removed if it threatens public safety or property.

(d)

Remedial actions and replacement required under this section shall be completed within 60 days of notice from the city that such actions are required. The city may require the violator to immediately undertake remedial actions if the tree is an immediate threat to the public or property.

(Code 1980, § 29-10)