§ 825-60. General licenses.

The following activities are granted a general license to conduct tree removal(s), provided that the provisions and restrictions listed for the respective activity type are met. A general license that requires a use notice shall be valid for a period of three (3) months after the notice is received by the city. A one-time extension of up to six (6) months may be issued provided that the proposed activities otherwise meet the conditions of the general license. Where any activity regulated by the tree removal license has occurred, the licensee must comply with all conditions of the license even though the license may have expired.

(A)

[Removal of trees occurring in regulated waters.] Removal of trees occurring in regulated waters as defined by sections 27-331 to 27-339 of the Broward County Code of Ordinances when the mitigation required by that license for the removal of the trees is equal to or greater than the replacement requirements of this article. A copy of the Broward County license along with a general license use notice is required to be submitted to the community development department fifteen (15) days prior to proposed tree removal activities to use this general license.

(B)

Reserved.

(C)

Removal of hazard trees. Removal of a hazard tree, i.e. a tree that is diseased, injured or in danger of falling, to the extent that its continued existence threatens the health or safety of contiguous persons requires the submittal of a general license use notice to the community development department fifteen (15) days prior to the proposed tree removal activities. The general license use notice must include a plan to replace, by replanting, trees and palms proposed for removal on a one-to-one basis. In the event of an emergency situation, such as tree failure, a general license use notice is required to be submitted to the community development department within fifteen (15) days after the occurrence of the emergency event.

(D)

[Emergency conditions.] Under emergency conditions such as hurricanes, war, or other natural disasters of similar scope, government agencies including, but not limited to, county utilities, water management districts, improvements districts, county airports, Florida Department of Transportation, city utilities and franchised utilities, except as provided below, may remove a tree in order to prevent an imminent interruption of service or to restore interrupted service. A general license use notice is required to be submitted to the community development department within thirty (30) days after tree removal activities have been initiated.

(E)

[Hurricanes and other disasters.] During emergency conditions caused by a hurricane or other disaster, the city manager may issue a general license for tree removal activities for trees that have been affected by such act, to the general public or selected entities. This general license may require a general license use notice submittal or the city manager may waive this requirement.

(F)

Removal of any tree in owner-occupied residential properties of one (1) acre or less developed for detached single-family and duplex usage. A general license use notice is required to be submitted to the community development department fifteen (15) days prior to proposed tree removal activities. The issuance of a general license can allow the removal of a tree in excess of current code requirements at no cost, provided the trees is not a historic, specimen or protected. The fee for a general license for the removal of a tree shall be waived if the tree to be removed is not a historic, specimen or required tree. The following activities are not authorized by this general license:

(1)

Removal or relocation of planted landscape trees prior to the issuance of a certificate of occupancy;

(2)

Removal of historical, special status, or specimen trees;

(3)

Removal of an abused tree;

(4)

Removal of trees on a property that has a pending code compliance citation; or

(5)

Replacement trees required by a tree removal license or site plan approved trees.

(G)

Removal of trees, except historical or special status trees, by franchised utilities within an existing utility easement. The franchised utility must submit a general license use notice to the community development department and the recorded owner of the property five (5) [fifteen (15)] days prior to proposed tree removal activities. The record owners may appeal to the city prior to the expiration of the fifteen-day period. Tree removal may proceed after the expiration of the fifteen-day period, providing no letters of appeal have been received by the city. The general license use notice submitted to the city must include documentation that:

(1)

The tree will cause a continual disruption of service (specimen palm trees may be removed under this provision);

(2)

The easement or property is in actual use conveying utilities; and

(3)

The threat of service interruption cannot be corrected by tree pruning;

(4)

In accordance with the American National Standards Institute (ANSI A-300) as amended; or

(5)

The removal is for the purpose of providing new/additional onsite service to existing development.

(H)

Removal of trees, except historical or special status category trees, by a water management district or improvement district in or within a recorded maintenance easement of canals and lakes operated by the district. The district must submit a general license use notice to the community development department fifteen (15) days prior to proposed tree removal activities. The district may remove the tree(s) provided that the removal complies with all the standards, requirements, and conditions, other than licensing (sections 825-70 and 825-80) and bonding (section 825-150).

(I)

[Removal by certain governmental agencies.] Removal of trees, except historical or special status category trees, by the Florida Department of Transportation, Broward County or the city department of public services, on roads and road rights-of-way maintained by the county or city, provided that a general license use notice is submitted to the community development department fifteen (15) days prior to proposed tree removal activities. After the expiration of the fifteen-day period the trees may be removed provided that the removal complies with all standards, requirements, and conditions, other than licensing (sections 825-70 and 825-80) and bonding (section 825-150).

(J)

[Removal of invasive trees.] Removal of invasive tree species identified as category I or category II invasive species on the current version of the Florida Exotic Pest Plant Council's Invasive Species List. A general license use notice is required to be submitted to the community development department fifteen (15) days prior to proposed tree removal activities.

(K)

Exemption. All licensed and governmental nurseries may conduct tree removal activities without prior notice to the city, but only in relation to those plants which are planted and growing for sale or intended for sale in the ordinary course of business or for a public purpose.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10; Ord. No. 2015-024, § 12, 10-27-15; Ord. No. 2016-021, § 12, 10-10-16; Ord. No. 2017-005, § 6, 2-28-17)