On May 8, 2018, the Board of County Commissioners ("Board") adopted Ordinance No. 2018-22, creating Section 39-138.1 of the Zoning Code, related to the maintenance and planting of trees near power lines. The stated intent of the Ordinance is to minimize damage to power lines caused by improperly planted trees.
The Ordinance amended 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 ("FPL"), to obtain a tree removal license to remove trees planted within an unsafe proximity to power lines; imposed 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 Ordinance, (ii) fail to properly maintain trees that have been planted prior to the effective date of the Ordinance, or (iii) permit dead or severely damaged or diseased trees to present an imminent danger to power lines. The Ordinance established a May 2019 deadline for property owners to trim or remove trees not trimmed or removed by FPL as of March 9, 2019.
Since May 2018, staff have conducted meetings with FPL representatives and extensive community outreach. This item would provide the Office of the County Attorney with direction to draft an amendment to Section 39-138.1 of the Zoning Code and related sections that would limit application of FPL’s “Right, Tree Right Place” to planting(s) after the effective date of Ordinance No. 2018-22 (May 8, 2018); remove the imposition of various penalties for property owners in unincorporated Broward County who (i) fail to properly maintain trees that have been planted prior to May 8, 2018, or (ii) permit dead or severely damaged or diseased trees to present an imminent danger to power lines; and remove various portions of the Ordinance that have sunset.
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