On January 23, 2018, the Board directed the Office of the County Attorney (the "Office") to draft an Ordinance providing for the regulation of trees planted and maintained near power lines within unincorporated Broward County, and to coordinate with counsel for the Broward League of Cities in an effort to achieve, to the greatest extent practicable, a Countywide regulatory approach.
The proposed Ordinance amends Chapters 8½, 27, and 39 of the Broward County Code of Ordinances to remove the County's requirement for private property owners and electrical utility companies, such as Florida Power & Light Company ("FP&L"), to attain a tree removal license to remove trees planted within an unsafe proximity to power lines; imposes various penalties for property owners in unincorporated Broward County who (i) plant trees within an unsafe proximity to power lines after the effective date of the proposed Ordinance, (ii) fail to properly maintain trees that have been planted prior to the effective date of the proposed Ordinance, or (iii) permit dead or severely damaged or diseased trees to present an imminent danger to power lines; and modifies provisions related to the Tree Preservation Trust Fund to allow residential property owners within unincorporated Broward County to receive up to One Thousand Dollars ($1,000) from the Fund, per tree, in order to assist them with bringing their property into compliance with the proposed Ordinance. As drafted, the subsidy to residential property owners within unincorporated Broward County will sunset after one (1) year.
The proposed Ordinance was drafted in consultation with various staff members from the Environmental Protection and Growth Management Department and the Public Works Department, and was also discussed with FP&L attorneys who provided feedback and recommendations. Additionally, on March 16, 2018, a meeting was held with counsel and the Executive Director for the Broward League of Cities to discuss the proposed Ordinance. Counsel indicated he had no objection to the proposed Ordinance, as drafted, since the proposed Ordinance imposed requirements for only those within unincorporated Broward County. On April 5, 2018, representatives from the Office attended a Broward League of Cities meeting to discuss the proposed Ordinance with municipal representatives.
During the April 10, 2018, County Commission meeting, the County Commission amended the proposed Ordinance to prohibit its enforcement against private property owners who may be unable to maintain their trees in compliance with the proposed Ordinance due to restrictions imposed by homeowners' associations and condominium associations.
During the April 24, 2018, County Commission meeting, the County Commission continued this item until the May 8, 2018, County Commission meeting as the item's sponsor was not present.
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