Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on January 23, 2024, at 10:00 a.m., in Room 422 of Governmental Center East to consider enactment of a proposed Ordinance, the title of which is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO TREE REMOVAL LICENSES AND THE TREE PRESERVATION TRUST FUND ("TREE TRUST"); AMENDING SECTION 27-408 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE") PROVIDING FOR TREE REMOVAL LICENSE WAIVERS FOR AFFORDABLE HOUSING PROJECTS; AMENDING SECTION 27-413 OF THE CODE AUTHORIZING THE EXPENDITURE OF MONIES IN THE TREE TRUST FOR SPECIFIED PURPOSES; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
(Sponsored by the Board of County Commissioners)
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Why Action is Necessary
The proposed Ordinance was prepared by the Office of the County Attorney at the direction of the Board of County Commissioners at its meeting of September 19, 2023.
What Action Accomplishes
Enables the setting of a public hearing during which the Board may consider enacting the proposed Ordinance.
Goal Related Icon(s)
☒County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
Summary Explanation/Background
The proposed Ordinance supports the Board's goals of: "[e]nsuring accessible, seamlessly integrated investments in renewable energy, sustainable practices, manufacturing, resilient infrastructure, and environmental protection;" "[e]nsuring residents have an affordable place to live by offering sustainable, compatible, innovative, accessible, affordable housing options for all income levels, including integrated, permanent supportive housing and zoning that helps residents build equity;" "[e]nsuring economic opportunities and a sustainable economy, with an emphasis on Broward's lower and middle class;" and "[c]ultivating community culture, arts, recreation and
life-long learning."
Chapter 27, Article XIV, of the Broward County Code of Ordinances ("Code") provides for the establishment and administration of Broward County's Tree Preservation Program and the Tree Preservation Trust Fund ("Tree Trust Fund"). Section 27-408 of the Code provides for tree removal license requirements, including exemptions, and Section 27 413 of the Code stipulates requirements for Tree Trust Fund expenditures. Currently, there are no exceptions to tree removal license requirements for the construction of affordable housing, and Tree Trust Fund expenditures are limited to the planting of trees on public lands in Broward County or at a childcare facility meeting the criteria of Section 27.187 of the Broward County Administrative Code. The proposed Ordinance expands the types of projects exempt from tree removal licensing and those eligible to receive Tree Trust Fund monies. Specifically, the proposed Ordinance:
• Exempts affordable housing projects from certain tree removal licensing requirements;
• Authorizes the expenditure of Tree Trust Fund monies to pay for mitigation of specified trees removed from certain affordable housing projects located within municipalities that do not have a valid municipal certification/recertification program;
• Authorizes the expenditure of Tree Trust Fund monies to pay for the planting of trees and mitigation of trees removed from projects within the Broward Municipal Services District that receive grant funding from the Office of Economic and Small Business Development;
• Authorizes the expenditure of Tree Trust Fund monies for tree planting projects, which may include a sculptural or artistic element, on public or private lands and that are supported by the Resilient Environment Department and approved by the Tree Preservation Trust Fund Committee; and
• Authorizes the expenditure of Tree Trust Fund monies to pay for maintenance expenses, including maintenance equipment and vehicles, used to encourage the growth of the tree canopy for existing trees located on sites operated by the Broward County Parks and Recreation Division and planted pursuant to a distribution made from the Tree Trust Fund.
Source of Additional Information
Maite Azcoitia, Deputy County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
The Fiscal Impact Statement by the Office of Management and Budget will be provided at the time of the public hearing, in compliance with Section 18.5(e)(7) of the Broward County Administrative Code.