(A) Documents incorporated by reference. The following documents, as amended from time to time, areadopted as standards and are deemed as being incorporated by reference into this chapter.
The American National Standards Institute A-300, Tree, Shrub and Other Woody, Plant Maintenance Standard Practices; Florida Department of Agriculture, Division of Plant Industry, Grades, and Standards for Nursery Plants; Jim Clark and Nelda Matheny, Trees and Development; American National Standards Institute, ANSI Z-133.1 Safety Standards; Replacing the Urban Forest after Hurricane Andrew, by the Department of Agriculture & Consumer Services Division of Forestry; Council of Tree and Landscape Appraisers, Guide for Plant Appraisal Latest Edition
, and Appendix 1 to this chapter:
Replacement Tree Species
, all as amended from time to time.
(B) Definitions. When a word, term, or phrase is not defined herein, the definitions set forth in publications recognized as authoritative in the scientific and engineering fields, as applicable, shall apply. Such publications shall include the latest edition of
Replacing the Urban Forest after Hurricane Andrew
, by the Department of Agriculture & Consumer Services Division of Forestry; Betrocks Reference Guide to Florida Landscape Plants by Timothy K. Broschat and Alan W. Murrow;
500 Plants of South Florida
, by Julia Morton;
Dig Manual
, by the State of Florida;
Trees and Development
, by Jim Clark and Nelda Matheny;
Tree, Shrub and Other Woody Plant Maintenance - Standard Practices
, by the American National Standards Institute (ANSI-A-300);
Grades and Standards for Nursery Plants
, by the Florida Department of Agriculture and Consumer Services. These publications, as amended from time to time, are adopted and are deemed as being incorporated into this chapter by reference. The following words, phrases and terms when used in this chapter shall have the indicated meanings:
AFTER-THE-FACT PERMITS.
Those permits not obtained until after the work or project has begun or been completed.
BREAST HEIGHT.
A height of 4½ feet above the natural grade.
BUILDABLE AREA.
The portion of a plot on site, excluding the required yard setback areas, upon which a building may be constructed.
CANOPY COVERAGE.
The area extent of a ground within the drip line of the tree.
CONSERVATION EASEMENT.
A right or interest in real property as defined in § 704.06 of the Florida Statutes, as amended from time to time.
DBH.
Diameter breast height.
DESTRUCTION OF THE NATURAL HABIT OF GROWTH.
Pruning that causes irreparable damage and permanent disfigurement to a tree such that, even with re-growth, the tree will never again regain the original characteristics of its tree species; or pruning which amounts to tree abuse as defined herein that may result in the death of the tree.
DEVELOPED LAND.
Land upon which permanent, principal building or buildings have been constructed.
DIAMETER BREAST HEIGHT.
The diameter of the trunk of a tree measured at breast height. The DBH of trees with multiple trunks shall be the sum of the individual trunk diameters at breast height. Trees with less than 4½ feet of clear trunk shall be measured as the diameter of the largest vertical branch or leader at breast height.
DRIP LINE.
The peripheral limits of the horizontal crown of a tree spread vertically to the ground; provided, however, that the same shall not be less than a circle with a five foot radius measured from the center of the tree.
EFFECTIVELY DESTROY.
To cause, suffer, allow or permit any act which will cause a tree to die or go into a period of unnatural decline, within a period of one year from the date of the act. Acts which may effectively destroy a tree include, but are not limited to, damage inflicted upon the root system by heavy machinery, excessive trimming, changing the natural grade above the root system or around the trunk, damage inflicted on the tree permitting infection or pest infestation, application of herbicides or other chemical agents or intentional fire damage to the tree permitting infection or pest infestation, the infliction of a trunk wound that is 50% or greater of the circumference of the trunk, or the removal of sufficient canopy to cause unnatural decline of the tree.
ENVIRONMENTALLY SENSITIVE LAND.
A land designation as defined in the Broward County Land Use Plan.
HATRACK.
To sever the leader or leaders or to prune a tree by stubbing of mature wood.
HISTORICAL TREE.
A particular tree or group of trees which has historical value because of its unique relationship to the history of the region, state, nation or world as designated by the City Commission.
LAND CLEARINGS.
The clearing of vegetation and soils for the purpose of land development activities. This includes, but is not limited to, construction for buildings rights-of-way, utility easements access or drainage ways, parking lots and other structures rock mining, the control of weeds or the initial clearing of vegetation to enhance property value or agricultural activities that involve the removal of trees as defined by this chapter.
LION TAILING.
The removal of the majority of the inner lateral branches and foliage thereby displacing weight and mass to the ends of the branches.
MITIGATION.
To compensate for impacts to tree(s).
NATURAL FOREST COMMUNITY.
A vegetated area generally comprised of a canopy, sub-canopy and ground cover, and which meets the criteria for the classification of an area as a Natural Forest Community under Chapter 27, Article XIV, Section 4, of the Broward County Code, as amended from time to time.
NATURAL RESOURCE AREA.
A land designation as defined in Article IX, Section 5-280 of the Broward County Land Development Code, as amended from time to time.
NUISANCE.
Has the meaning given it in chapter 101 of the city code, as amended from time to time.
NUISANCE TREE.
Any of the following tree species:
(A) Achinus terebinthifolius (Brazilian pepper tree/ Florida holly).
(B) Metopium toxiferum (poison wood).
(C) Melaleuca guinguenervia (caieput tree/ melaleuca).
(D) Casuarina spp. (Australian pine, all species).
(E) Bischofia javanica (bischofia, bishop wood).
(F) Acacia auriculaeformis (earleaf acacia).
(G) Araucaria excelsia (Norfolk Island pine).
(H) Brassia actinophylla (schefflera).
(I) Leucaena leucocephala (lead tree).
(J) Cupaniopsis anacardiopsis (carrotwood).
OWNER-OCCUPIED.
A dwelling occupied by the owner of record holding a valid Certificate of Occupancy.
OVER-LIFTING.
The removal of all lateral branches in excess of bottom one-third of the overall height of a tree.
PERSON.
Any natural person, individual, owner, operator, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public or private utility, public officer, responsible party or any other entity whatsoever, or combination thereof of whatever kind.
PRESERVATION AREA.
The portion of a Natural Forest Community which shall be preserved in perpetuity, pursuant to a tree removal license.
PROTECTIVE BARRIER.
Conspicuously colored fences or like structures constructed of sturdy materials that are at least four feet in height which prevent or obstruct passage.
PRUNE.
To cut away, remove, cut off or cut back parts of a tree.
REMEDIAL ACTION.
A corrective action required to offset the impacts of tree abuse, as defined herein.
REMOVAL.
To cut down, dig up, destroy, effectively destroy, or the unlicensed relocation of any tree.
RESOURCE MANAGEMENT PLAN.
A plan which will enhance a Preservation area of a Natural Forest Community to compensate for the development of a portion of the Natural Forest Community.
SHAPING.
The regular and frequent shearing of the outer tree branches, for the purpose of controlling the size and shape of the tree canopy.
SPECIMEN TREE.
Any tree which has a DBH of 18 inches or greater, with the exception of the following:
(A) Non-native fruit trees that are cultivated or grown for the specific purpose of producing edible fruit, including, but not limited to: mangos, avocados or citrus.
(B) Species of genus Ficus except F. aurea (strangler fig), F. laevigata (short leaf fig), F. rubiginasa (rusty fig or rusty leaf fig), F. Jacquinifolia;
(C) All multi-trunk palms.
(D) Trees that are in poor condition or form as determined by the Landscape Inspector.
STRUCTURE.
Anything built or constructed. Examples include, but are not limited to, buildings, trailers, fences, billboards, swimming pools, poles, pipelines, ditches, roads, utility installation, transmission lies, track and advertising signs.
SUB-CANOPY.
An intermediate level of trees and other vegetation within a Natural Forest Community.
SUBSTANTIAL DEVIATION.
Any proposed modification or modification to a development, a license, or a license application which, either individually or cumulatively with other changes, creates a reasonable likelihood of additional environmental impact, as covered by the scope of this chapter or any change or proposed change that may result in any impacts on trees, or Natural Forest Communities not previously reviewed by the Office of Planning and/or the City Landscape Inspector as covered by the scope of this chapter.
TOPIARY PRUNING.
The practice of pruning a tree into an ornamental shape by removing branches one inch in diameter or less.
TREE.
Any living, self-supporting, dicotyledonous or monocotyledonous woody perennial plant which has a DBH of no less than three inches, measured three feet above grade, and normally grows to an overall height of no less than ten feet in southeast Florida.
TREE ABUSE.
Means:
(A) Hatracking a tree; or
(B) Destroying the natural habit of tree growth; or
(C) Pruning which leaves stubs or results in a flush cut; or splitting of limb ends; or
(D) Removing tree bark to the extent that if a line is drawn at any height around the circumference of the tree, over one third of the length of line falls on portions of the tree where bark no longer remains; or
(E) Using climbing spikes, nails or hooks, except for purposes of total tree removal or as specifically permitted by standards set by the American National Standards Institute, as amended from time to time; or
(F) Pruning that does not conform to standards set by the American National Standards Institute, as amended from time to time; or
(G) Pruning of live palm fronds which initiate above the horizontal plane as defined by the American National Standards Institute (ANSI A-300); or
(H) Lion tailing a tree; or
(I) Over lifting a tree; or
(J) Shaping a tree.
TREE CANOPY.
The upper portion of the tree consisting of limbs branches and leaves.
TREE REMOVAL LICENSE.
A written authorization with conditions issued by the City of Hollywood to remove or relocate a tree.
TREE SURVEY.
A document signed and sealed by a Florida Registered Land Surveyor meeting the requirements of F.S. § 472.025. as amended from time to time, which must provide at a minimum the following information:
(A) The location plotted by accurate techniques of all existing trees;
(B) The common and scientific name of each tree;
(C) The DBH of each tree, or if a multiple-trunk tree the sum DBH for all trunks; and
(D) Canopy coverage, if expressly required by the Landscape Inspector.
URBAN WILDERNESS INVENTORY AREA.
A land designation as specified in Section 5-182 (J) of the Land Development Code of Broward County, as amended from time to time.
WILDLIFE UTILIZATION AREA.
An area used by wildlife for habitat/feeding.
YARD SETBACK AREA.
The front, side and rear yard setbacks as required by the applicable zoning regulations.
XERISCAPE PRINCIPLES.
Appropriate planning and design, soil analysis, effective irrigation, practical turf areas, appropriate plant selection, mulching, and appropriate maintenance.
(‘72 Code, § 22½-1) (Ord. O-73-31, passed 5-16-73, Am. Ord. 0-99-35, passed 10-20-99; Am. Ord. O-2001-23, passed 6-30-01; Am. Ord. O-2003-42, passed 12-17-03)