(A) No building permit shall be issued for new construction, additions to existing single family residences which result in an increase of 50% or more in floor area or site improvements that impact existing trees or site improvements that impact 50% or more of the site area outside the foot print of the building upon any parcel of land in the city abutting a public right-of-way, unless the proposed plans for said new construction or improvements provide for the installation of at least one tree, as defined in § 106.26 of the Code of Ordinances, for each 50- foot section or portion thereof, of the street frontage of the parcel of property wherein said improvements are proposed to be constructed. For all corner properties, no trees shall be installed within the first 25 feet measured from the point of intersecting right-of-way lines of such street. No certificate of approval or occupancy shall be granted until such required trees are installed in compliance with the terms and conditions contained in this subchapter.
(B) Species type: common and botanical name.
(1) All required trees shall be of a species as specified on a list found in the city’s Landscape Manual as maintained by the Department of Development Services. Provided, however, that under all utility/power lines the approved tree list will be obtained from Florida Power & Light Company’s publication “Plant the Right Tree in the Right Place,” latest edition, as may be edited by the Department of Development Services following a written request setting forth unique and unusual circumstances justifying such requested substitution.
(2) The trees approved for highly saline areas are the only trees to be utilized in those areas east of the Intracoastal Waterway and may be obtained from a list as maintained by the Department of Development Services and can be found in the city’s Landscape Manual.
(3) The City Engineer is authorized to grant a waiver of this requirement upon a showing by the property owner that the installation of at least one tree on the subject property is impossible due to the size or configuration of the street frontage, or would create an urgent safety hazard, or because existing trees located on the subject property are sufficient to satisfy the intent and purpose of this subchapter.
(4) (a) Any property owner aggrieved by a decision of the City Engineer in connection with administration of this subchapter has the right to have a written appeal setting forth, with reasonable particularity, the reason for such appeal heard by a Review Committee composed of the following city staff or their designees: Director of Development Services; Director of Public Works; Assistant City Manager.
(b) Any appeal filed pursuant to this section must be received in writing by the Department of Development Services, Engineering, Transportation and Mobility Division within ten working days following the date upon which the appealed decision was rendered. The Review Committee shall consider any valid written appeal and acknowledge its decision within ten working days of its receipt of an appeal. The Review Committee’s decision shall be final, subject to the right of any aggrieved party to appeal such final decision of the Review Committee to the circuit court of the Seventeenth Judicial Circuit of Florida in and for Broward County, Florida. An appeal shall be filed within 30 days of the receipt of a notice of such decision.
(‘72 Code, § 17-56) (Ord. O-74-129, passed 12- 4-74; Am. Ord. O-75-95, passed 8-6-75; Am. Ord. O-79-62, passed 11-19-79; Am. Ord. O-80- 74, passed 11-19-80; Am. Ord. O-90-06, passed 1-17-90; Am. Ord. O-99-35, passed 10-20-99; Am. Ord. O-2001-23, passed 6-30-01; Am. Ord. O-2004-06, passed 1-21-04; Am. Ord. O-2022-09, passed 5-4-22)