CHAPTER7.5 Chapter 7.5
ENVIRONMENTAL REGULATION
Art. I. Tree Preservation C. Drip line: A vertical line runnin g through
Art. II. Landscape Code the outermost port of the crown of a tree and
Art. III. Central Business District Landscape Code extending to the ground, provided, however, that the
Art. IV. Environmentally Sensitive Lands same shall not be less than a ten - foot diameter circle
which is drawn from the center line of the trunk of a
tree.
ARTICLE I. TREE PRESERVATION
D. Mangrove trees: A “mangrov e tree” is any
plant belonging to any of the following species of
Sec. 1. Short title.
mangroves: Rhizophora mangle, the red mangrove;
Laguncularia racemosa, the white mangrove, and
This article shall be known and may be cited as Avicennia nitida, the black mangrove.
the “City Tree Preservation Ordinance.”
E. Removal: “Removal of trees” also includes
any inte ntional or negligent act which will cause a
Sec. 2. Purposes.
tree to decline and die within a period of three (3)
years including, but not limited to, such damage
The purposes of this article are to establish rules inflicted upon the root system of a tree by the
and regulations governing the protection of trees and operation of heavy machinery; the change of the
vegetative cover within the lim its of the City of natural grade above the root system of a tree or
Boynton Beach, to encourage the proliferation of around the trunk of a tree; and damage from injury or
trees and vegetation within the city as well as their from fire inflicted on trees which results in or permits
replacement, in recognition of their importance and infections or pest infestations.
their meaningful contribution to energy conservation
and management, to a healthy, beautiful and safer F. Shrub: “Shrub” shall mean a bushy, woody
community attributable to their carbon dioxide plant, usually with several pe rmanent stems, and
absorption, oxygen production, dust filtration, wind usually not over ten (10) feet high at its maturity.
and noise reduction, soil erosion prevention, beach
erosion protection, surface drainage improvement, G. Specimen tree: A “specimen tree” shall
beautification and aesthetic enha ncement of mean a tree which has been determined by the
improved and vacant lands, and the general judgment of the city inspector to be of high value
promotion of the health, safety, welfare and well because of its type, size, age or other pro fessional
being of the community. criteria, and has been so designated and that
designation has been officially made and promulgated
as part of the official records of the City of Boynton
Sec. 3. Definitions.
Beach.
A. Buildable area: “Buildable area” shall be H. Tree: Any self - supporting woody perennial
defined to mean that portion of a building site plant which has a trunk diameter of t wo (2) inches or
exclusive of the required yard areas on which a more when measured at a point four and one - half (4
structure or building improvements may be erected. 1/2) feet above ground level and which normally
attains an overall height of at least ten (10) feet at
B. City inspector: The city forester or any maturity usually with one main stem or trunk and
person designated by the city manager to enforce the many branches. It may appear to hav e several stems
provisions of this article. or trunks as in several varieties of oak. All mangrove
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trees shall be included hereunder, which are four (4) dump truck, dredge, sand pumping machine, pump
feet or more in height. line, fill spreader or other heavy duty land - clearing,
land - removing or land - filling equipment without f irst
I. Yard area: “Yard area” shall mean the obtaining a permit.
front, side and rear yard area s as established and
required under the comprehensive zoning code and
Sec. 6. Application for permit.
the zoning district requirements as applicable thereto.
All permits required under Section 5 shall be
Sec. 4. Application of article provisions.
obtained by making application for the permit to the
development department. The application shall be
The terms and provisions of this article shall accompanied by a written statement specifying the
apply to real property as follows: location of the property and the expected land use and
indicating the reasons for removal, relocation or
A. All real property upon which specimen replacement of trees thereon. Said application shall
trees are located which trees have been designated as be accompanied by four (4) copies of a legible site
such under the provisions of this article. plan drawn to a minimum scale of one inch equals
twenty (20) feet unless, in the discretion of the city
B. All vacant and undeveloped property. inspector, it has been determined that a lesser detailed
scale site plan of the area involved, either in whole or
C. All property in all zoning classifications in part, will be sufficient for the purposes of this
that is intended to be rede veloped. article in which case an a ppropriate substitution shall
be acceptable. Aerial photographs having a minimum
D. The yard areas of all developed property scale of one inch equals fifty (50) feet may also be
except that property which is developed with single - submitted for consideration of the city inspector as
family or two - family dwelling units, provided the such an acceptable substitute for a site plan.
trees designated as specimen trees are not involved.
“Developed” as used in this section shall mea n those
Sec. 7. Site plan information.
parcels of land within approved subdivisions which
contain roads and utilities.
Site plans submitted in connection with
applications for permits for the removal, relocation or
Sec. 5. Permit required.
replacement of trees shall include the following
information and details which shall be summarized in
A. Tree permits. No person, organization, license form on the plan:
society, association or corporation, or any agent or
representative thereof, directly or indirec tly, shall cut A. Location of all existing or proposed
down, destroy, remove or move, or effectively structures, improvements and site uses, property
destroy through damaging, any tree as defined by this dimensioned and referenced property lines, setback
article, situated on a property described above and yard requirements and spatial relationships.
without first obtaining a tree permit.
B. Existing and proposed site elevations,
B. Land - clearing, removing or filling permits. grades and major contours.
No p erson, organization, society, association or
corporation, or any agent or representative thereof, C. Locat ion of existing or proposed utility
directly or indirectly, shall engage in land - clearing, services.
land - removing or land - filling activities in the City of
Boynton Beach, or use, operate, propel or maint ain in D. The common and botanical names, sizes
use any bulldozer, pay loader, front end loader, back and location of all trees or shrubs on the site,
hoe, drag line, power shovel, road grader, designating the trees, shrubs or natural vegetative
cover which are
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Sec. 12. Special co nditions for issuance of permits
respectively to be retained, removed, relocated or
for removal.
replaced. Groups of trees in close proximity may be
designated as “clumps” of trees with the predominate
type, estimated number and average diameter noted. No permit shall be issued for the removal of
trees, shrubs or vegetative cover unless one of the
following conditions exists:
Sec. 8. Alternate site plan information.
A. The tree is located in the buildable area of
In the event that there are no trees, shrubs or yard area where a structure or improvements may be
vegetative cover located on the site to be developed placed and it unreasonably restricts the permitted use
which are required to be protected under the of the property and such tree cannot reasonably be
provisions of this article, the applicant shall so state relocated elsewhere on the property.
in his application for permit hereunder. If such
statement is substant iated by a field inspection of the B. The tree cannot be relocated on or off the
site by the city inspector, the applicant shall be site because of the age, type or size of the tree.
relieved of the necessity of supplying unnecessary or
unimportant information. C. The tree is diseased, injured, in danger of
falling, too close to existing or proposed structures,
interferes with existing utility service, creates unsafe
Sec. 9. Pre - application inspection service.
vision clearance, or conflicts with other ordinances or
regulations.
In connection with the applications under the
alternate site plan procedure and in connection with D. Where tree rem oval is consistent with an
applications involving large tracts of property, the approved subdivision plat or site plan.
city inspector shall make his services available for
pre - application inspections of the sites involved. E. It is in the welfare of the general public that
the tree be removed for a reason other than set forth
above.
Sec. 10. Application processing and rev iew.
Sec. 13. Special conditions for issuance of permits
Upon receipt of a proper application pursuant to
for relocation or r eplacement.
this article together with payment of a fee required
thereon, the development department shall promptly
review the same and shall forward said application to Pursuant to an application for a permit to
the appropriate city departments for their detailed relocate trees which interfere with the buildable area
examination review and report. of the site to an alternate location on the property or
as a condition to the granting of a removal permit
hereunder, the applicant may be perm itted, where
Sec. 11. Issuance of permits.
practical, to relocate the tree being removed to an
appropriate new location on the site. Similarly, an
If the building inspector, based upon the applicant may be permitted to replace a tree being
recommendations and findings of the city removed with another tree to be located elsewhere on
departments, is satisfied that the work of removing, the site. All replacement trees s hall be of a type that
relocating or replacing trees, shrubs or natu ral will attain an overall height at maturity of at least
vegetative cover, described in the application for fifteen (15) feet and a trunk diameter at maturity of at
permit and the drawings filed therewith conform to least three (3) inches, measured four and one - half (4
the requirements of this article and the other laws and 1/2 feet above grade, and shall be a minimum of ten
ordinances applicable, he shall issue a permit therefor (10) feet in ove rall height when planted.
to the applicant.
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Sec. 14. Tree removal or relocation permit fee.
procedures (reference “Tree Protection Manual for
Builders and Developers,” issued by the State of
Permits for removal, relocation or replacement Florida, Division of Forestry, on file with the city
of trees pursuant to the regulations and controls clerk), and all such plantings shall be reasonably
provided under the maintaine d and attended to promote successful
city tree preservation ordinance ar e hereby establishment thereof.
established in accordance with the following
schedule:
Sec. 15.1. Hazardous trees exempt from
A. Three dollars ($3.00) per lot for each lot
contained in the legal description of the property, or
five dollars ($5.00) per acre, whichever is larger.
B. Minimum fee to be ten dollars ($ 10.00) per
application.
permit requirement.
Sec. 15. Tree protection.
In the event that any tree shall be determined to
A. During the land clearing and construction be in a hazardous or dangerous condition so as to
stage of development, the developer shall erect and endanger the public he alth, welfare or safety, and
maintain protective barriers (to city inspector's requires immediate removal without delay, verbal
specifications consistent with good management authorization may be given by the development
practic es) around all trees or groups of trees to be department and the trees removed without obtaining a
protected. The developer shall not allow the written permit as herein required.
movement of equipment or the storage of equipment,
materials, debris or fill to be placed within the
Sec. 16. Exceptions due to emergencies.
protective barrier.
B. During the construction stage of During the period of an emergency such as a
devel opment, the developer shall not allow the hurricane, tropical storm, flood or any other Act of
cleaning of equipment or material within the drip line God, the requirements of this article may be waived
of any tree or groups of trees to be protected. Neither by the development department.
shall the developer allow the disposal of waste
materials such as paint, oil solvents, asphalt,
Sec. 17. Exemptions to nurseries, tree farms.
concre te, mortar and so on within the drip line of any
tree or groups of trees.
All licensed plant or tree nurseries or tree farms
C. No attachments or wires other than those of shall be exempt from the terms and provisions of this
a protective nature shall be attached to any tree. article only in relation to those trees planted and
growing on the premises of said licensee, which are
D. During the land clearing and construction so planted and growing for the sale or intended sale to
stage of development, the director of the the general publi c in the ordinary course of said
development department or his assigned officer, shall licensee's business.
periodically inspect the site to insure compliance with
the provisions of this article.
Sec. 18. Exemptions for betterment plans.
E. Tree location and replacement activity
permitted or required under this article shall be done Applicants for permits shall be entitled to
in accor dance with standard forestry practices and demonstrate by means of a proper landscape plan that
an improvement or betterment of the environment can
be acco mplished over the existing site conditions, if
such landscape plan is carried out to its fullest. If
such a detailed landscape plan is so offered and is
accepted by the city, the applicant shall guarantee by
adequate bond or other city - approved surety the
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faithful adherence and completion of such landscape of the property owner.
plan. The surety shall:
2. If the parcel of property is in excess of
A. Run to the City Commission.
B. Be in a form satisfactory and acceptable to
the city manager.
C. Specify the time for completion of the
requirements as determined by the city manager.
Sec. 18.1. Exemptions for public utilities.
All public utilities may remove without permit,
trees which endanger public safety and welfare, or
which interfere with utility services which are located
with in utility easements and public rights - of - ways.
Sec. 19. Removal of certain trees; conditions;
restoration of area; penalty for violation.
A. Removal. The following trees may be
removed subject to the conditions hereinafter set
forth:
1. Schinus herebenthin folus (Brazilian
Pepper/Florida Holly Tree);
2. Melaleuca leucadendron (Melaleuca);
3. Casuarina Spec (Australian Pine);
4. Acacia auriculiformis (Earleaf
Acacia);
5. Palm Beach County's “prohibited plant
species” list and “invasive non - native plant” listings.
B. Conditions for removal:
1. If the parcel of property is under two
(2) acres in size, no permit or review by the city is
required to remove the exotic tree species listed in
subsection (A). A courtesy inspection and
ide ntification of exotic species may be performed by
staff, at no cost to the property owner, upon request
two (2) acres in size a permit is required to remove
the exotic species listed in subsection (A).
Applications for permit shall be made to the
development department. The permit information
required of the applicant shall be of such form and
design as set forth by the city forester/
environmentalist. The permit application fee sha ll be
thirty - five dollars ($35.00). The city
forester/environmentalist shall review such permit
applications and inspect the site to determine the
location of exotics on the site and that the extent and
removal method proposed is appropriate.
C. Seeding and mulching. If no other building
construction is to occur on the site, after the removal
of the exotic species as approved, if the area cleared
is not adequately covered with grasses within thirty
(30) days, the disturbed areas shall be seeded and
mulc hed. The seed and mulch shall be inspected by
the city forester to ensure adequate ground coverage
and repeated applications may be required until
satisfactory coverage is obtained.
D. Penalty for violation. Any person, firm or
corporation convicted in a court of competent
jurisdiction of a violation of this section shall be
guilty of a misdemeanor of the second degree,
punishable by a fine and/or incarceration as provided
by law.
Sec. 20. Disposal of diseased trees.
Trees which are found to be dise ased by the city
inspector, and to be in danger of contaminating other
trees or of spreading such tree infection or disease,
shall be removed and disposed of, if necessary,
without undue delay and on an emergency basis, as
the circumstances may require. T he lethal yellowing
of coconut disease shall be considered such an
emergency type of tree infection or disease.
Sec. 21. Designation of specimen trees.
The city forester may by written request to the
city manager recommend from time to time the
establi shment of official designation certain trees
located within the City of Boynton Beach as
specimen trees. Upon receipt of such a written
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recommendation, the city manager shall review same recommendations. If the city manager approves such
and add thereto his own comment s and recommendation, the matter shall be presented to the
City Commission for their determination. The City development and construction thereon, should be
Commission shall notify by certified mail the consistent with maximum possible conservation of
affected property owner of the proposed hearing and mangrove wetlands.
conduct a public hearing to consider the report of the
city forester and the recommendation of the city
Sec. 24. Procedures of city inspector to be
manager and shall either accept, modify or deny same
followed.
and shall designate by resolution those trees it deems
appropriate as specimen trees.
All necessary procedures outlined by the city
inspector shall b e followed in instances where the
Sec. 22 . Natural growth to be preserved.
grade site is to be raised or lowered around an
existing plant, where ditching for utilities,
Every effort shall be put forth on all foundations, swimming pools, driveways or the like
undeveloped property to retain particular area of will severely cut root systems, or where large paved
natural vegetative cover that is determined by the city areas will delete the wa ter supply and aeration
inspector to be a fragile ecosystem, unique, valuable necessary for the life of the tree or shrub, or where a
or nearly extinct in our area, unless it would unduly change in the grade or drainage of development will
restrict the use of surrounding property or create a seriously harm natural areas to be retained. In
condition of undue hardship on said owner. making this determination of the necessary procedure,
the city inspector sh all use the “Tree Protection
Manual for Builders and Developers” to determine
Sec. 23. Natural vegetative cover on beach dunes.
what is reasonable under the circumstances.
The natural vegetative cover on beach dunes
Sec. 25. Public lands.
shall be preserved in an undi sturbed state of growth
as a fragile ecosystem. Such beach dune vegetation,
grass, sea grape and tree development shall be No tree shall be removed from any city lands,
altered, removed or changed only in accordance with public park or any areas of the public right - of - way
the requirements of this article except as to nature except in accordance with the provisions of this
trails, walks or pathways w hich may cross over same. article.
Sec. 23.1. Preservation of mangrove areas. Sec. 26. Reserved.
Well - documented scientific research has
Sec. 26.1. Reserved.
established that mangrove areas are the ecological
base of the biological food chain for many important
species, including some species of fi sh which are
Sec. 27. Penalty.
important for sport and commercial fishing.
Mangrove trees also provide a habitat and shelter for
birds and other organisms and are possessed of A. Any person or organization, society,
considerable aesthetic value as well as providing for association or corporation, or any agent or
a storm surge barrier. For these r easons, land representative thereof, violating the provisions of any
s ection of this article shall, upon conviction, receive a
fine of up to five hundred dollars ($500.00) and/or
sixty (60) days in the county jail. The removal of
each tree shall constitute a separate offense under this
article.
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Sec. 3. Construction of language and definitions.
B. Any person who violates the provisions of
this article shall be deemed guilty of a misdemeanor
and the conviction thereof shall be grounds for the A. Rules for construction of language. The
revocation or suspension of any permit granted for following rules of construction shall apply to the text
the construction or remodeling of any b uilding or of this article.
structure on the site so involved.
1. The particular shall control th e general.
C. No building permit or certificate of
occupancy shall be issued for any improvements 2. In case of any differences of meaning
upon a property where the provisions of this article or implication between the text of this code and any
have not been complied with. caption, illustration, summary table or illustrative
table, the text shall control.
Secs. 28 — 30. Reserved.
3. The word “shall” is always mandatory
and not discretionary . The word “may” is permissive.
ARTICLE II. LANDSCAPE CODE
4. Words used in the present tense shall
include the future; and words used in the singular
number shall include the plural, and the plural the
Sec. 1. Short title.
singular, unless the context clearly indicates the
contrary.
This article shall be known and may be cited as
the “Boynton Beach Landscape Code.” 5. A “buildi ng” or “structure” includes
(Ord. No. 00 - 51, § 2, 10 - 4 - 00) any part thereof.
6. The phrase “used for” includes
Sec. 2. Declaration of purpose and intent.
“arranged for,” “designed for,” “maintained for” or
“occupied for.”
It is the purpose and intent of this article to
impr ove the appearance of certain setback and yard 7. The word “person” includes an
areas including off - street vehicular parking and open - individual, a corporation, a partnership, an
lot sales and service areas in Boynton Beach; to incorporated association , or any other similar entity.
protect and preserve the appearance, character and
value of the surrounding neighborhoods and to 8. Unless the context clearly indicates the
preserve energy and thereby promote the general contrary, where a regulation involves two (2) or more
welfare by providing for installation and maintenance items, conditions, provisions or events connected by
of landscaping for screening and elimination of visual the conjunction “and”, “or,” or “either...or,” the
pollution, and where possible that the landscaping to conjunction shall be interpreted as follows:
be provided as a result of this article be constructed
in a manner which will reduce the demand for energy a. “And” indicates that all the
currently and in the future, since the City connected items, conditions, provisions or events
Commission finds that the peculiar characteristics shall apply.
and qualities of Boynton Beach justify regulations to
perpetuate the appeal of its natural visual pollution b. “Or” indicates that the connected
free environment. items, conditions, provisions or events shall apply.
(Ord. No. 00 - 51, § 2, 10 - 4 - 00)
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c. “Either...or” indicates that the
connected items, conditions, provisions or events automotive repair or the like, outdoor storage areas,
shall apply singularly but not in combination. parked vehicles, etc. The landscape barrier shall be
comprised of a berm, buffer wall and/or natural
9. The word “includes” shall not limit the vegetation (as deemed appropr iate by the city)
term to the specified examples, but is intended to consisting of various trees species planted tip - to - tip in
extend its meaning to all other instances or two or more staggered rows, and shall include species
circumstances of like kind or character. such as Southern Red Cedar, Silver Buttonwood,
Dahoon Holly, Blolly, Palatka Holly, Redbay, Sweet
B. Definitions. For purposes of this code, in Bay, Southern Coastal Willow , Sweet Acacia,
addition to the following terms or words, the Spanish Stopper, Geiger Tree, Cherry Laurel,
definitions provided for in the zoning code of the Yaupon, Black Ironwood, Lancewood, Coffee
City of Boynton Beach, Florida shall apply. Colubrina, Crabwood, Wild Lime, Willow Bustic,
Torchwood, or other tree species found comparable
1. “Board”: Board shall mean the by staff. Tree species selected shall be those with
planning and development board of the City of max imum density and minimum deciduous
Boynton Beach. characteristics. Various shrub species ranging in
heights from 30 inches to 36 inches when planted tip -
2. “Landscaping”: Any of the following to - tip shall include species such as Firebush, Wax
or combination thereof: Materials such as, but not Myrtle, Wild Coffee, Florida Trema, Florida Privet,
limited to, grass, ground covers, shrubs, vines, Marlberry, Myr sine, Spicewood, Necklace Pod,
hedges, trees or palms, and other material such as Tetrazigia, or other species found comparable by staff
rocks, pebbles, sand, walls or fences, and decorative which when planted form a continuous visual screen
paving materials approved by the development when planted.
department and the planning and development board.
4. “Encroachment”: Encroachment is any
3. “Landscape screen or barrier”: protrusion of a vehicle outside of a parking space,
display ar ea or accessway into the landscaped area.
a. A landscape screen is a There shall be no encroachment over or into any
continuous row of plant material and/or wall (or other landscaped area. Wheel stops and/or cuts shall be
durable barrier) placed where the vehicle use area placed at least two (2) feet from the edge of such
abuts the adjoining rights - of - way and adjacent landscaped area as well as two (2) feet from any
property. The materials used to establish the preserved or p lanted tree. Where a wheel stop or curb
landscape screen are defined under the respective is utilized, the paved area between the curb and the
sectio ns below, and are planted to form a continuous end of the parking space may be omitted, providing it
screen of plant material within a maximum of one (1) is landscaped in addition to the required landscaping
year after time of planting. The hedge element shall as provided herein.
be maintained at four (4) feet, and the wall used in
place of the hedge shall be no less than three (3 ) feet 5. “Trees”: Any self - supporti ng woody
high and combined with a minimum of two hedge perennial plant which has a trunk diameter of three
plants placed on the outside of the wall and spaced (3) inches or more when measured at a point four and
every 10 lineal feet. one - half (4 1/2) feet above ground level and which
normally attains an overall height of at least ten (10)
b. A landscape barrier is a near solid feet at maturity usually with one m ain stem or trunk
element combining a wall and/or natural vegetation and many branches. It may appear to have several
intended to block all direct and re asonable views to a stems or trunks as in several varieties of oak. All
given use such as overhead bay or service doors, mangrove trees shall be included hereunder, which
are four (4) feet or more in height.
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6. “Shrubs”: Shrub shall mean a bushy,
woody plant, usually with several permanent stems, provided with an automatic irrigation water supply
and usually not over ten (10) feet high at its maturity. system. Exception: Irrigation is not required for
areas fully xeriscaped and approved by the City urban
7. “Vines”: Plants which normally forester. Reuse water may be used where available
require support to reach mature form. and permitted by the Palm Beach County Health
(Ord. No. 00 - 51, § 2, 10 - 4 - 00) Department.
B. Maintenance.
Sec. 4. Landscaping requirements for certain
yard areas and off - street parking and
1. The owner, or his agent, shall be
other vehicular use areas.
responsible for the maintenance of all landscaping
which shall be maintained in good condition so as to
All areas used for a display or parking of any present a healthy, neat and orderly appearance and
and all types of vehicles, boats or construction shall be kept free from refuse and debris. All existing
equipment, whether such vehicles, boats o r and newly landscaped properties shall receive an
equipment are self - propelled or not, and all land upon initial landscape/irrigation inspection and thereafter a
which vehicles traverse the property as a function of semi - annual inspection for complianc e with the site
the primary use, hereinafter referred to an “other visual buffering provisions of this Code. All
vehicular uses,” including but not limited to activities perceived site signage/landscape conflicts will be
of a drive - in nature such as filling stations, grocery corrected during inspection process.
and dairy stores, banks, restaurants, new and used car
lots, multifamily and cluster housing, and the like, 2. Maintenance of landscape screen or
shall conform to the minimum landscaping barrier: All plantings including trees must not be
requirements provided herein, except areas used for trimmed nor sheared of foliage during the first
parking or other vehicular uses under , on, or within growing year, and must be maintained to continue the
buildings, and parking areas serving single - family buffering/screening objective of these regulations.
dwellings since such residential areas are normally Trees shall not be thinned nor canopy raised to an
voluntarily landscaped. unnatural extent. All existing and newly installed
(Ord. No. 00 - 51, § 2, 10 - 4 - 00) trees must be maintained in accordance with
standards of the National Arborists Association. All
existing and newly installed trees found not to be
Sec. 5. Particular requirements.
trimmed in accordance with the NAA standards must
be replaced with the same size tree. Site maintenance
A. Installation. All landscaping shall be shall not alt er screen or barrier to decrease the
in stalled in a sound workmanlike manner and original level of required density.
according to accepted good planting procedures with
the quality of plant materials as hereinafter described. C. Plant material.
(All elements of landscaping shall be installed so as
to meet all other applicable ordinances and code 1. Quality. Plant materials used in
r equirements). Landscaped areas shall require conformance with provisions of this article shall
protection from vehicular encroachment. An conform to the Standards for Florida No. 1 or better
inspector from the city development department shall as given in “Grades and Standards for Nursery
inspect all landscaping and no certificates of Plants” Part I, 1963 and Part II, State of Florida,
occupancy and use or similar authorization will be Department of Agriculture, Tallahassee, or equal
issued unless t he landscaping meets the requirements thereto. Grass sod shall be clean and reasonably free
provided herein. All landscaped areas shall be of weeds and noxious pests or diseases. Grass seed
shall be delivered to the job site in bags with Florida
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Department of Agriculture tags attached indicating 3. A signature tree is a tree with blossoms
the seed growers compliance with the agricultural or natural color other than green intended to beautify
department's quality control program. project entrances and contribute to the city's image
with this element of aesthetic unifo rmity. Signature
2. Trees: general requirements. Trees trees include Yellow Elder, Tibouchina Granulosa,
shall be species having an average mature spread of and Bougainvillea
crown in Boynton Beach of greater than fifteen (15)
feet and having trunk(s) which can be maintained in a 4. Shrubs and hedges. Shrubs and hedges
clean condition over five (5) feet of clear wood. shall be a minimum of twenty - four (24) inches in
Trees having an average mature spread of crown less height, twenty - four (24) inches in spread and planted
than fifteen (15) feet may be substituted by grouping with tip - to - tip spacing measured immediately after
the same so as to create the equivalent of a fifteen - planting to adequately cover the planted areas on the
foot crown spread. Palms shall be considered trees site.
and exempt from the fifteen - foot crown spread
criterion. Tree species (excluding signature trees) 5. Vines. Vines shall be a minimum of
shall be a minimum of twelve (12) feet overall in two (2) feet in height immediately after planting and
height when planted, with a minimum caliper of 3 may be used in conjunction with fences, screens or
inches. A signature tree is a tree with blossoms or walls to meet physica l barrier requirements as
natural color other than green intended to beautify specified and be a minimum of five (5) feet on the
project entrances and contribute to the city 's image center.
with this element of aesthetic uniformity. Signature
trees include Yellow Elder, Tibouchina Granulosa, 6. Ground cover. Ground covers, either
and Bougainvillea. Trees (see list below) with roots vegetative or nonliving, used in whole or part shall
known to cause damage to public roadways or other present a finished appearance and reasonably
public works, such as Ficus species, sh all not be complete coverage within three (3) months after
planted. The following exotic (nonnative) tree planting. However, when slow maturing ground
species shall not be planted as part of any proposed covers are used, they shall be mulched.
landscape plan. Deemed as “invader species” in
South Florida and the reasons to prohibit them 7. Lawn grass. Grass areas shall be
include: Shallow roots which make them susceptib le planted in species normally grown as permanent
to wind damage (hurricanes); that they grow in dense lawns in Boynton Beach. Grass areas may be sodded,
stands crowding out native vegetation; they create plugged, spri gged or seeded except that solid sod or
monoculture (single tree species) that exclude most other acceptable erosion control measures shall be
wildlife; they have poor quality wood of no used in swales or other areas subject to erosion. In
commercial value; can cause serious health problems areas where other than solid sod or grass seed is used
t o allergic individuals, and they are prolific between the months of October and March,
propagators that encroach into native vegetative nursegrass seed shall be sown for immediate effect
areas. Those trees declared to be exotic and and protection until coverage is otherwise achieved.
nonnative are:
8. Mulch other than Cypress shall be used
All of the Casuarina Species; and maintained for landscaping purposes.
Brazilian Pepper (Florida Holly);
Schenius lerebinthifolius Mel aleuca D. Required landscaping adjacent to public
(Punk Tree); rights - of - way. On the side of a bui lding or open lot
Melaleuca quinquenervia. use providing an off - street parking area or other
vehicular use area, where such area will not be
entirely screened visually by an intervening building
2001 S - 15
Environmental Regulation
11
or structure from any abutting right - of - way, F. Accessways. The maximum width of a n
exclud ing dedicated alleys to the rear of building, accessway (whether one - or two - way traffic) through
there shall be provided a strip of land at least seven the required perimeter landscape strip to an off - street
(7) feet in width between such area and such right - of - parking or other vehicular use area shall be thirty - two
way. This strip of land shall be comprised of the (32) feet. The balance of such street frontage not
following elements: involved with accessways shall be land scaped in
accordance with the provisions of this section.
The first outside layer sha ll be a
combination of colorful groundcover plants (annuals G. Parking area interior landscaping. Off -
may be supplemental to other groundcover plants but street parking areas shall have at least twenty (20)
not be a substitute) and a minimum of two colorful square feet of interior landscaping for each parking
shrub species planted in a continuous row or in space excluding those spaces abutting a perimet er for
clusters spaced no greater than 20 feet apart which landscaping is required by other sections
beginning at the project entrance or corner (individual hereof and excluding all parking spaces which are
clusters being a minimum of five (5) feet wide; directly served by an aisle abutting and running
excluding properties zoned M - 1 that front on local parallel to such a perimeter. Each separate
streets). For sides of property with linear distances landscaped area shall contain a minimum of twenty -
less than 40 feet, the first layer of plants shall only be five (2 5) square feet and shall have a minimum
required at project corners. The next layer shall dimension of at least five (5) feet and shall include at
consist of a continuous hedge or decorative site wall least one tree having a clear trunk of at least five (5)
and one (1) tree spaced a maximum of 30 feet apart feet, with the remaining area adequately landscaped
(spacing may decrease to a maximum of 10 feet for with shrubs, ground cover or other authorized
unsightly, vehicle - intensive, or oth er uses requiring land scaping material not to exceed three (3) feet in
greater buffering as recommended by the Director). height. The total number of trees shall not be less
than one (1) interior tree for every ten (10) parking
E. Buffer requirements. On the site of a spaces. Trees provided adjacent to rights - of - way,
building or structure or open lot use providing an off - abutting properties, and building walls shall not
street parking area or other vehicular use area, such contribute toward this requirement. Such landscaped
area shall be provided with a land scaped barrier, areas shall be located in such a manner as to divide
preferably a hedge not less than four (4) feet nor and break up the expense of paving.
greater than six (6) feet in height to form a continuous
screen between the off - street parking area or other H. Point of access. When an accessway
vehicular use area and such abutting property. Such intersects a public right - of - way or when the subject
landscape buffer shall be 2 1/2 feet deep and located property abuts the intersection of two (2) or more
between the common lot line and the off - street public rights - of - way, all landscaping within the
parking area or other vehicular use area except where triangular areas described below shall provide
an industrial or commercial zoning district abuts a unobstructed cross - visibility at a level between thirty
residential zoning district, this planting strip shall not (30) inches and eight (8) feet above pavement,
be less than 5 fe et in depth between commercial and provided, however, trees or palms having limbs and
residential zoning districts and 15 feet in depth foliage trimmed in such a manner that no limbs or
between industrial and residential zoning districts, foliage extend into the cross - visibility area shall be
and include a minimum of one tree planted for every allowed, provided they are located so as not to create
30 linear feet of property. Where the hedge and tree a traffic hazard. Landscaping, except required grass
requirements are met on one property, only the green or ground cover, shall not be located closer than three
space width shall be required for the abutting (3) feet from the edge of any accessway pavement or
property. The provisions of this subsection shall not sidewalk or walk path. The triangular areas above
be applicable when a property line abuts a dedicated referred to are:
alley.
2003 S - 20
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12
1. The areas of property on both sides of K. General landscaping for cluster and
an accessway formed by t he intersection of each side multifamily housing developments. In additio n to the
of the accessway right - of - way or easement line and landscaping required by other sections of this code,
the public right - of - way line with two (2) sides of each the following number of trees are required for open
triangle being ten (10) feet in length, (or more when common areas.
determined to be necessary by the city engineer) from
the point of intersection and the third side being a line 1. A minimum of one tree for each one
connecting the end of the other two (2) sides. thousand five hundred (1,500) square feet (or fraction
thereof) of developed area. Tre es that are preserved
2. The area of property located at a on site in open common area shall receive credit
corner formed by the intersection of two (2) or more against the landscape area requirements. It is the
public rights - of - way with two (2) sides of the intent of this section to create a park - like
triangular area being t hirty - five (35) feet in length environment. This section is included in order to
along the abutting public right - of - way lines, create privacy, shaded areas and an a esthetically
measured from their point of intersection, and the pleasing environment, and in determining the validity
third side being a line connecting the ends of the of any
other two (2) lines. site plan in accordance with Section 6, the planning
and development board shall take these factors into
3. The area of property located at a consideration.
corner form ed by the intersection of two (2) or more
public rights - of - way being a collector or arterial L. Foundation landscaping. Foundation
street, or any right - of - way of higher classification landscaping shall be required in the front and side of
than a local street, the two (2) sides of the triangular each multifamily or cluster dwelling in order to
area shall be fifty (50) feet in length for the colle ctor enhance the visual appearance of the building and to
street, and one hundred twenty (120) feet for the promote privacy.
arterial street along the abutting public right - of - way
lines, measured from their point of intersection, and M. Landscaping of open walls. The provisions
the third side being a line connecting the ends of the of this section shall apply to the front elevation wall
other two (2) lines. and two side elevation walls (and rear elevations
where visible from adjacent rights - of - way) of all
I. Existing pl ant material. In instances where commercial or non - residential buildings (excluding
healthy plant material exists on a site prior to its industrial uses with exposure limited to local streets)
development, in part or in whole, for purposes of off - where that portion of the base level void of win dows,
street parking or other vehicular use areas, the awnings, and doorways exceeds 25 lineal feet, or
department may adjust the application of the above - where otherwise recommended by the Director for
mentioned stand ards to allow credit for such plant minimal aesthetic improvement. Foundation
material if, in its opinion, such an adjustment is in landscaping shall be placed in a strip of land not less
keeping with and will preserve the intent of this than five (5) feet wide and shall include a continuous
article. colorful shrub and groundcover compatible with
perimeter landscaping (rights - of - way), or a minimum
J. Landscaping and dumpsters. All dumpsters 10 foot wide cluster of the same plants spaced a
should be placed on a concrete pad ten (10) feet wide maximum of 15 linear feet apart. Foundation
with a n appropriate depth and be screened on three landscaping may be placed abutting the wall or
(3) sides as described in Chapter 9, Section 10, planted in a se parate planter no farther than 20 feet
Paragraph C.3. Provide accent shrubs along the from the wall of larger projects or shopping centers.
screen wall. Height of trees when planted shall be a minimum of
1/2 building
2003 S - 20
Environmental Regulation
12A
height at time of planting. Palm tree species should
be slow growing, multi - trunk, with the majority of the
tree canopy providing a visual barrier of the open
wall. Eligible palm tree species may be one or more
of the following: Pygmy Date Palm, Paurotis,
Adonidia, Foxtail, and Royal. For properties zoned
M - 1, th is requirement shall only apply to facades
oriented toward abutting streets.
N. Project entrance. Landscaping at project
entrances shall contain a combination of colorful
groundcover plants (annuals may be supplemental to
other groundcover plants but no t be a substitute) and
a minimum of two colorful shrub species on both
sides of the entrance (if sufficient space is available;
excluding properties zoned M - 1 that front on local
streets), and a signature tree with a minimum of six
(6) feet of clear trunk all planted to preserve the clear
2003 S - 20
Boynton Beach Code
12B
Environmental Regulation
13
sight area. The signature tree does not contribute plantings established consistent with these standards
toward the requ ired number of perimeter trees. All shall be maintained in accordance with a management
trees must be standards and have a minimum clear plan approved by the city at the time of site plan
trunk of six feet. approval or permitting.
O. Site signage. The base of a sign shall be S. Landscaping within easements. Consistent
enhanced with colorful groundcover plants (annuals with Chapter 7.5, Article I, Section 18.1, tree species
may be supplemental to other groundcover plants but placed within utility easements shall be limited to
not be a substitute) and a minimum of two colorful palm trees. Canopy trees shall be planted outside of
shrubs species all selected for entrance compatibility easements so that roots and branches do not impact
(not to be less than 2 feet in width and placed around existing utilities unless approved by the Utilities
no fewer than 3 sides). Species selection and design Director and con sistent with planting guidelines of
shall ensure visibility to low monument s igns at plant Florida Power & Light Utility.
maturity. Landscaping of plaza/shopping center signs (Ord. No. 96 - 57, § 2, 1 - 21 - 97; Ord. No. 00 - 51, § 2,
shall also include a minimum of one (1) signature tree. 10 - 4 - 00; Ord. No. 03 - 018, §§ 1 - 3, 6 - 3 - 03)
P. Native species. Upon meeting the
Sec. 6. Landscape plan approval.
requirements of other sections of the landscape code,
fifty (50) percent of site landscape ma terials must be
native species. Except for single - family dwellings, prior to the
issuance of any building permit or certificate of
Q. Compatibility with existing landscaping. In occupancy, under the provisions of this article and the
order to maintain compatibility with adjacent Boynton Beach Building Code, except for minor
development, the city may require, where desirable, modifications a landscape plan shall be submitted to
that site landscaping be designed similar to adjacent or and approved by the planning and development
nearby property. board. The la ndscape plan shall be drawn to scale,
including dimensions and distances, and delineate the
R. Upland buffer/littoral plantings. Lake areas existing and proposed parking spaces or other
(retention ponds) in excess of one acre in area shall be vehicular use areas, access, aisles, drive - ways,
planted to create a habitat that provides the optimal sprinklers or water outlet locations, and the location,
environment for aquatic and other species. Lakes size and desc ription of all other landscape materials,
provided for new construction or major modific ations the location and size of buildings if any to be served,
of existing projects shall be planted as follows: and shall designate by name and location the plant
material to be installed or, if existing, to be used in
1. To occupy a minimum of 50% of lake accordance with the requirements hereof. There sha ll
perimeter with littoral plantings; be an application fee as adopted by resolution of the
City Commission for landscape plan approval. No
2. To consist of a minimum of 10 square landscape permit, building permit or certificate of
feet of littoral shelf per linear foot of lake; occupancy shall be issued for such building or paving
unless such landscape plot plan complies wit h the
3. To consist of a minimum of 1 native provisions herein. There shall be a permit application
tree per 50 feet of linear lake frontage; fee adopted by resolution of the City Commission for
landscape plan approval. No landscaping shall be
4. All vegetation installed contiguous, at a installed without a landscaping permit. All
minimum 3:1 bank slope, 100% appropriate native inspections to determine compliance with the
vegetation, installed with proper spacing for full a pproved site plan shall be conducted by the
coverage of littoral shelf areas. All littoral and uplan d development department.
(Ord. No. 00 - 51, § 2, 10 - 4 - 00)
2003 S - 20
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14
Sec. 7. Performance surety.
perimeter, entrance, signage and building
In the event that the landscaping requirements of landscaping; lake plantings; planting specifications
this article have not been met at th e time that and methods; and signature trees.
certificate of occupancy could otherwise have been (Ord. No. 00 - 51, § 2, 10 - 4 - 00)
granted, and said permit or certificate is requested by
the developer, the city may enter into an agreement
Sec. 9. Administration and interpretation of
approved by the city attorney with the owner or his
agent that the provisions and req uirements of this
article will be complied with. In that case the owner
or his agent shall post a performance bond or other
city - approved surety in an amount equal to one
regulations and provisions.
hundred and ten (110) per cent of the costs of
materials, labor and other attendant costs incidental to
the installation of the required landscaping based upon A. The interpretation and applic ation of the
an estimate provided by a qualified landscaping regulations and provisions of this code by the
contractor. The surety shall: development department shall be reasonable and
uniformly applied to all property within the
A. Name the City Commission as beneficiary. jurisdiction of Boynton Beach.
B. Be in a form satisfactory and acceptable to B. The regulations and provisions of this code
the ci ty attorney and the finance director. shall be held to be the minimum requirements
adopted for the protection and promotion of the
C. Specify the time for the completion of the public health, safety, comfort, convenience, order,
landscaping requirements of this article as determined appearance, prosperity or general welfare.
by the city manager.
(Ord. No. 00 - 51, § 2, 10 - 4 - 00; Ord. No. 02 - 033, § 4, C. Whenever the regulations and requirements
8 - 20 - 02) of this code are at variance with the require ments of
any other lawfully enacted and adopted rules,
regulations, ordinances or laws, the most restrictive
Sec. 8. Applicability of lands cape ordinance and
shall apply.
other regulations.
(Ord. No. 00 - 51, § 2, 10 - 4 - 00)
A. This article shall apply concurrently and in
Sec. 10. Enforcement of code regulations and
direct relation to the requirements and regulations of
provisions; violations, penalties and
the zoning code of Boynton Beach. These regulations
other
apply to new construction, major modifications to
remedies .
existing sites, and newly landscaped areas where
compliance with regulations does not decrease
conformance with parking regulations. These A. Enforcement responsibility. No building
regulations shall apply to all zoning districts except permit, certificate of occupancy and use or certificate
planned zoning districts, and as noted herein except of occupancy shall be granted by the development
for detached sin gle - family homes or duplexes. department, except in compliance with the provisions
of this code or court decision.
B. Landscaping within PUD, PCD and PID
Zoning Districts. Planned zoning districts are The regulations and provisions of this code
intended to allow for flexibility in required shall be held to be the minimum requirements
landscaping but shall meet the intent of these adopted for the protection and promotion of the
regulations regarding public health, safety, comfort, convenience, order,
appearance, prosperity or general welfare.
Whenever the regulations and require ments
of this code are at variance with the requirements of
2002 S - 18
Environmental Regulation
15
any other lawfully enacted and adopted rules, in compliance with the provisions of this code and
regulations, ordinances or laws, the most restrictive other applicable ordinances and laws, a decision of
shall apply. the planning and development board or court
decision.
B. Violation and penalties for n on - compliance
of required landscaping (maintenance). For any and 2. Revocation. The development
every violation of the provisions of this code, and for department may revoke a building permit or
each and every day that such violation continues, said certificate of occupancy in those cases where an
violation(s) shall be $250 per day until violation is administrative determination has been duly made that
corrected by the property owner. Persons charged false statements or misre presentations existed as to
with such violation(s) may include: material fact(s) in the application or plans upon which
the permit or approval was based.
1. The owner, agent, lessee, tenant,
contractor or any other person using the land, 3. Suspension. The development
building or premises where such violation has been department may suspend a building permit or
committed or shall exist, or certificate of occupancy and use where an
administrative de termination has been duly made that
2. Any person who knowing ly commits, an error or omission on either the part of the permit
takes part or assists in such violation, or applicant or government agency existed in the
issuance of the permit or certificate approval. A valid
3. Any person who maintains any land, permit or certificate shall be issued in place of the
building or premises in which such violation shall incorrect permit or certificate after correction of the
exist. error or omission.
C. Other legal remedies. In addition to the 4. Notice and appeal. All development
criminal penalties and enforcement procedures department decisions concerning the issuance,
provided , the City Commission may institute any revocation or suspension of building permits and
lawful civil action or proceeding to prevent, restrain certificates of occupancy shall be stated in official
or abate: written notice to the permit applicant. Any decision
of an administrative official may be appealed to
1. The unlawful construction, erection, planning and development board within thirty (30)
reconstruction, alteration, rehabilitation, expansion, days of the action that the aggrieved party wishes to
maintenance or use of any building, structure or appeal.
park ing area, or (Ord. No. 00 - 51, § 2, 10 - 4 - 00)
2. The occupancy and/or use of such
Secs. 1 1 — 19. Reserved.
building, structure or parking area, or
3. The illegal act, conduct, business of
ARTICLE III. CENTRAL BUSINESS
use of, in or about such premises.
DISTRICT LANDSCAPE CODE
D. Other administrative remedies; building
permits and certificates of occupancy an d use.
Sec. 1. Short title.
1. Issuance. No building permit or
certificate of occupancy and use shall be issued by This article shall be known and may be cited as
the development department for any purpose except the Boynton Beach Central Business District
Landscape Code.
(Ord. No. 00 - 51, § 2, 10 - 4 - 00)
2001 S - 15
Boynton Beach Code
16
Sec. 2. Purposes. Sec. 6. Landscape plan approval.
The purposes of this article are to provide Except for single - family dwellings, prior to the
uniform landscape design and planting standards for issuance of any building permit or certificate of
development in the central business district (CBD), occupancy, under the provisions of this article and the
and include provisions for pedestrian walkways, Boynton Beach Building Code, except for minor
screening of ser vice areas, and lighting installations. modifications a landscape plan shall be submitted to
(Ord. No. 00 - 51, § 2, 10 - 4 - 00) and approved by the planning and development
board. The landscape plan shall be drawn to scale,
including dimensions and distances, and del ineate the
Sec. 3. Definitions.
existing and proposed parking spaces or other
vehicular use areas, access, aisles, drive - ways,
Definitions under Article I, Section 3 and Article sprinklers or water outlet locations, and the location,
II, Section 3 shall apply to terms as used in this size and description of all other landscape materials,
article and the following definitions shall also apply: the location and size of buildings if a ny to be served,
and shall designate by name and location the plant
Tree protection. Treatment of all existing trees material to be installed or, if existing, to be used in
shall comply with Article I, Sections 1 through 30. accordance with the requirements hereof. There shall
(Ord. No. 00 - 51, § 2, 10 - 4 - 00) be an application fee as adopted by resolution of the
City Commission for land scape plan approval. No
landscape permit, building permit and certificate of
Sec. 4. Applicability of the central business
occupancy shall be issued for such building or paving
district landscape code.
unless such landscape plot plan complies with the
provisions herein. There shall be a permit application
This article shall apply concurrently and in fee adopted by res olution of the City Commission for
d irect relation to the requirements of the central landscape plan approval. No landscaping shall be
business district regulations of the zoning ordinance. installed without a landscaping permit. All
These regulations apply to new construction, major inspections to determine compliance with the
modifications to existing sites, and newly landscaped approved site plan shall be conducted by the
areas where compliance with regulations does not development department.
decrease conformance with parking regulations. (Ord. No. 00 - 51, § 2, 10 - 4 - 00)
Sec. 7. Performance surety.
Compatibility with existing landscaping. In
order to maintain compatibility with adjacent
development, the city may require where desirable, In the event that the landscaping requirements of
that site landscaping be designed similar to adjacent this article have not been met at the time that a
or near by property. certificate of occupancy could otherwise have been
(Ord. No. 00 - 51, § 2, 10 - 4 - 00) granted, and said certificates requested by the
develop er, the city shall enter into an agreement with
the owner that the provisions and requirements of this
Sec. 5. Central business district landscape plan
article will be complied with. In that case, the owner
to
shall post a performance bond or other city - approved
be submitted, review and approval
surety in an amount equal to one hundred ten (110)
required.
per cent of the costs of materials, labor and other
attendant costs incidental to the installation of the
Any person owning property within the central required landscaping based upon an estimate provided
business district desiring to obtain a building permit by a registered landscape architect.
for con struction of any building shall submit a
landscape plan to the planning director.
2001 S - 15
Environmental Regulation
17
The su rety shall: E. Violation and penalties for non - compliance
of required landscaping (maintenance). For any and
A. Run to the City Commission; every violation of the provisions of this code, and for
e ach and every day that such violation continues, said
B. Be in a form satisfactory and acceptable to violation(s) shall be $250 per day until violation is
the city manager. corrected by the property owner. Persons charged
with such violation(s) may include:
C. Specify the time for completion of the
landscaping requirements of this article as 1. The owner, agent, lessee, tenant,
determined by the city manager. contractor or any othe r person using the land,
(Ord. No. 00 - 51, § , 10 - 4 - 00) building or premises where such violation has been
committed or shall exist, or
Sec. 8. Maintenance and irrigation.
2. Any person who knowingly commits,
takes part or assists in such violation, or
A. The owner shall be responsible for the
maintenance of all landscaping, which shall be 3. Any person who maintains any land,
maintained in good condition so as to present a building or premises in wh ich such violation shall
healthy, neat and orderly appearance and shall be exist.
kept free from refuse a nd debris. (Ord. No. 00 - 51, § 2, 10 - 4 - 00)
B. All plantings including trees must not be
Sec. 9. Central business district landscape
trimmed nor sheared of foliage during the first
requirements.
growing year, and must be maintained to continue the
buffering/screening objective of these regulations.
Trees shall not be thinned nor canopy raised to an Development in the central business district shall
unnatural extent. All existing and newly installed conform to these minimum landscape requirements,
trees must be maintained in accordance with and where possible shall conf orm with recommenda -
standards of the National Arborists Association. All tions of the central business district design guidelines.
existing and newly installed trees found not to be In order to maintain compatibility with adjacent
trimmed in accordance with the NAA standards mus t development, the city may require where desirable
be replaced with the same size tree. Site maintenance that site landscaping be similar to landscaping species
shall not alter screen or barrier to decrease the and the design existin g on adjacent or nearby
original level of required density. property.
C. All planted areas and trees shall be irrigated A. Landscaped areas:
by an automatic irrigation water supply system,
which shall b e maintained in good working 1. Perimeter strip landscaping. Except
condition. along the east side of NE 6th Street north of Ocean
Avenue and the south side of Casa Loma Boulevard,
D. All existing and newly landscaped landscape strips with landscaping material are
properties shall receive an initial landscape/irrigation require d to be located within the property line along
inspection and thereafter a semi - annual inspection for the entire perimeter of parking and vehicular use
compliance with the site visual buffering provisions areas, and shall meet the following minimum
of this code . All perceived site signage/landscape requirements:
conflicts will be corrected during the inspection
process. a. Landscape perimeter strips shall
be at least three (3) feet wide.
2001 S - 15
Boynton B each Code
18
b. Living plant materials shall cover 2. A landscape screen of at least seven
at least seventy (70) per cent of the required (7) feet in width shall be comprised of the following
landscaped area, and shall include trees, continuous elements:
hedges, and ground cover, but not lawn grass. Where
sufficient depth exists, this area shall also in clude a 3. Interior parking landscaping.
combination of colorful groundcover plants (annuals Landscaping is required to be located within the
may be supplemental to other groundcover plants but interior or parking areas, and shall meet the following
not be a substitute) and a minimum of two colorful minimum requirements:
shrub species planted in a continuous row or in
clusters beginning at the project entrance or corner. a. Interior landscaped areas shall
calculate to at least twenty (20) square feet of
c. Trees are required at the rate of landscaping for each parking space not abutting the
one (1) per thirty (30) linear feet of perimeter strip, perimeter landscape strip, exclud ing spaces in
and may be either grouped or uniformly spaced. parking garages.
Trees required may be planted a maximum of twelve
(12) feet from the property line. Required square footage of
interior landscaping may be reduced to ten (10)
d. Shrubs shal l be planted eighteen square feet for each parking space, provided that at
(18) inches on center or tip - to - tip (whichever is most least one (1) shade tree is installed per four (4)
intense) in perimeter strips to form continuous screen interior parking spaces, in accordance wi th the
hedges. Hedges shall be allowed to grow and shall be requirements of sub - section B.1.a. of this section.
maintained at a height of two and one - half (2 1/2) to
three and one - ha lf (3 1/2) feet. Decorative screen b. At least one (1) tree shall be
walls may be installed in lieu of hedges. installed for every 10 parking spaces.
e. Landscaped area edges adjacent c. Grass may be installed as ground
to vehicular use areas shall be protected by upright cover where the individual landscaped area is at least
curbs or wheel stops. two hundred (200) square feet.
f. Trees and shrubs shall not be d. Landscaped area edges adjacent
installed to conflict with u tility easements. to vehicular use areas shall be protected by upright
curbs or wheel stops.
g. Landscape strip requirements may
be waived along a common property line where an 4. Railroad buffer strip landscaping.
approved landscape strip exists on the adjacent Properties adjacent to the F.E.C. Railroad right - of -
property, in which case additional plantings or way are required to have a landscape buffer strip
amenities shall be required to be installed in other along the right - of - way.
s uitable locations on the site.
The landscape buffer strip shall meet
h. Perimeter screen hedge require - the following minimum requirements:
ments may be waived along the common property
line where abutting property owners provide shared a. Landscaped buffer strips shall be
parking spaces, shared public access or other shared at least five (5) feet wide.
public amenities.
b. Living plant materials shall cover
i. Mulch other than Cypress shall be at least seventy (70) per cent of t he required
used and maintained for landscaping purposes. landscaped area, and shall include trees, shrubs and
ground cover, but not lawn grass.
2001 S - 15
Environmental Regulation
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c. Small trees shall be planted no 8. Landscaping of open walls. The
greater than fifteen (15) feet on center along the provisions of this section shall apply to the front
buffer strip. elevation wall and two side elevation walls (and rear
elevations where visible from adjacent rights - of - way)
d. Shrubs shall be planted to form a of all commerc ial or non - residential buildings
continuous dense screen hedge. The shrubs shall be (excluding industrial uses with exposure limited to
maintained to grow to their full natural height. local streets) where that portion of the base level void
of windows, awnings, and doorways exceeds 25
e. Shade trees shall be planted no lineal feet, or where otherwise recommended by the
closer than twenty (20) feet to the railroad right - of - Director for minim al aesthetic improvement.
way. Foundation landscaping shall be placed in a strip of
land not less than five (5) feet wide and shall include
5. Entrance treatmen ts. Parking area a continuous colorful shrub and groundcover
entrances and pedestrian building entrances shall be compatible with perimeter landscaping (rights - of -
given special treatment consideration in accordance way), or a minimum 10 foot wide cluster of the same
with the intent of central business district design plants spaced a maximum of 15 lineal feet apart.
guidelines. Landscaping at project entrances shall Foundation landscaping may be placed abutting the
contain a combination of colo rful groundcover plants wall or planted in a separate planter no farther than 20
(annuals may be supplemental to other groundcover feet from the wall of larger projects or shopping
plants but not be a substitute) and a minimum of two centers. Height of tree s when planted shall be a
colorful shrub species on both sides of entrance (if minimum of 1/2 building height at the time of
sufficient space is available), and a signature tree planting. Palm tree species should be slow growing,
with a minimum of six ( 6) foot of clear trunk all multi - trunk, with the majority of the tree canopy
planted to preserve the clear sight area. The signature providing a visual barrier of the open wall. Eligible
tree does not contribute toward the required number palm tree species may be o ne or more of the
of perimeter trees. All trees must be standards and following: Pygmy Date Palm, Paurotis, Adonidia,
have a minimum clear trunk of six feet. Foxtail, and Royal.
6. Site signage. The ba se of a sign shall 9. Service areas and dumpsters:
be enhanced with colorful groundcover plants
(annuals may be supplemental to groundcover plants a. Dumpsters shall be placed on a
but not be a substitute) and a minimum of two concrete pad, of at least one hundred (100) square
colorful shrub species all selected for entrance feet.
compatibility (not to be less than 2 feet in w idth and
placed around no fewer than 3 sides). Species b. Service areas and dumpsters shal l
selection and design shall ensure visibility to low be screened from view by walls at least six (6) feet
monument signs at plant maturity. Landscaping of high, landscaped with shrubs and/or vines.
plaza/shopping center signs shall also include a
minimum of one (1) signature tree. 10. Parking area lighting. Parking area
lighting units shall be installed and shall be:
7. Decorati ve screen walls:
a. Designed to provide at least an
a. Wall construction shall be surface average of one (1) footcand le at ground level.
textured concrete or masonry, with architectural
enhancements such as columns, scoring, etc. b. Located to not reflect directly
onto adjacent property.
b. Screen walls adjacent to streets
and alleys shall not exceed three (3) feet in height, c. Indicated on the landscape plan,
unless the y are screening service and dumpster areas. and specified on the drawings.
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d. Energy efficient, high pressure b. The t riangular area of property
sodium. abutting the intersection of two (2) public rights - of -
way, with the two (2) sides abutting the rights - of - way
11. Pedestrian lighting. Pedestrian each being twenty (20) feet.
lighting units shall be installed and shall be:
c. Shrubs and ground cover in land -
a. Designed to provide at least an scaped parking areas shall be maintained so as to be
average of three - quarters footcandle at ground level. no higher than three (3) feet within five (5) feet of a
driveway.
b. Located to not reflect directly
onto adjacent property. B. Planting specifications. Plant materials
shall be Florida No. 1 or better as specified in the
c. Indicated on the lands cape plan, current “Grades & Standards for Nursery Plants,”
and specified on the drawings. State of Florida, Department of Agricult ure, and shall
meet the following minimum requirements when
d. Energy efficient, metal halide. installed:
12. Pedestrian walkways. Pedestrian 1. Shade trees:
walkways shall be installed, and shall be in
accordance with the intent of the central business a. Shade trees shall be at least
district design guidelines. twelve (12) feet high, with a seven - foot spread, a
three - inch caliper trunk diameter measured six (6)
13. Exte rior furnishings. Exterior fur - inches above grade, and hav e six (6) feet of clear
nishings to be installed, including seating, fountains, wood.
garbage receptacles, sculpture, bollards, drainage
gratings and related items shall be indicated on the b. Shade trees to meet the minimum
landscape plan and be specified on drawings. requirements for parking areas shall be selected from
the approved species list in the central business
14. Curbs, wheel stops and stall marking. district design guidelines.
Curbs, wheel stops and stall marking shall be
indicated on the landscape plan and be specified on c. Shade trees shall be installed to
drawings. meet the follo wing minimum requirements:
15. Visibility. When a driveway intersects (1) Shall be planted in area with
a public right - of - way, or when the property abuts the at least a three - foot wide minimum dimension.
intersection of two (2) public rights - of - way,
landscaping within the areas described in a. and b. (2) Shall be protected by an
below shall allow cross visibility between three (3) upright curb or wheel stop if within three (3) feet of a
feet and six (6) feet above grade level. Trees may be vehicular surface.
permitted provided they do not create a traffic hazard
and are trimmed to allow the required visibility. (3) Center of tree trunk shal l be
in line with the center of line denoting edge of
a. The rectangular areas of property parking space if within three (3) feet of a parking
on both sides of a driveway formed by its intersection space.
with the public right - of - way for fifteen (15) feet in
length along the right - of - way and five (5) feet in 2. Signature trees. A signature tree is a
width. tree with blossoms or natural color other than green
intended to beautify project entrances and c ontribute
to the city's image with this element of aesthetic
uniformity. Signature trees include Yellow Elder,
Tibouchina Granulosa, and Bougainvillea.
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21
3. Small trees. Small trees, to meet the 9. Prohibited species. The following
minimum requ irements for F.E.C. Railroad buffer, species shall not be planted:
shall be at least eight (8) feet high, with a five - foot
spread, multi - trunk, and shall consist of the following Australian Pine - Casaurina equisetifolia
species: Brazilian Pepper - Schinus terebinthifolius
Cajeput Melaleuca - Melaleuca leucadendra
Wax Myrtle - Myrica cerifera Fichus - Fichus species
Sea Grape - Coccoloba uvifera
Bottle Brush - Callistemon rigidus 10. Native vegetation. At least ninety (90)
per cent of shade and small tree species installed s hall
4. Shrubs: be native vegetation.
(a) Shrubs shall be at least three (3) 11. Mulch and ground cover other than
gallon container, twenty - four (24) inches high, with living plantings. Planting beds and trees shall be
an eighteen (18) inch spread, planted eighteen (18) mulched to a depth of at least two (2) inches. Mulch
inches on center. other than Cypress shall be used and maintained for
landscaping purposes.
(b) Shrubs shall meet the minimum
requirements for screen hedges and F.E .C. Railroad 12. L ake areas (retention ponds excluding
buffer. Shrubs and hedges shall be a minimum of city - operated) in excess of one acre in area shall be
twenty - four (24) inches in height, twenty - four (24) planted to create a habitat that provides the optimal
inches in spread and planted with tip - to - tip spacing environment for aquatic and other species. Lakes
measured immediately after planting to adequately provided for new construction or major modifications
cover the planted areas on the site and be selected of exist ing projects shall be planted as follows:
from the following species:
a. To occupy a minimum of 50% of
Japanese Privet - Ligustrum japonicum lake perimeter with littoral plantings;
Sandankwa Viburnum - Viburnum suspensum
Coco Plum - Chrysobalanus species b. To consist of a minimum of 10
square feet of littoral shelf per linear foot of lake;
5. Vines. Vines shall be at least two (2)
feet high, and shall be planted not more than five ( 5) c. To consist of a minimum of 1
feet on centers. native tr ee per 50 feet of linear lake frontage; and
6. Ground cover. Ground cover shall be d. All vegetation installed
at least one - gallon container, with a twelve - inch contiguous to each other, minimum 3:1 bank slope,
spread, and shall be planted not more than twelve 100% appropriate native vegetation, installed with
(12) inches on center. proper spacing and for full coverage of littoral shelf
areas.
7. Lawn grass. Lawn grass shall be St.
Augustine turf grass, and o nly sod shall be planted. All littoral an d upland plantings established
consistent with these standards shall be maintained in
8. Additional Plantings. After the accordance with a management plan approved by the
minimum requirements have been met using the city at the time of site plan approval or permitting.
required species, other species may be planted as (Ord. No. 97 - 26, § 1, 7 - 1 - 97; Ord. No. 00 - 51, § 2, 10 -
additional landscaping. 4 - 00)
Sec. 10. Reserved.
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ARTICLE IV. ENVIRONMENTALLY
2. Florida Game and Fresh Water Fish
SENSITIVE LANDS
Commission.
3. Florida Committee on Rare and
Sec. 1. Permitting requirements, environmental
Endangered Plants and Animals.
protection.
4. Florida Department of Agriculture.
The purpose of this section is to preserve and
protect the values and functions of enviro nmentally 5. Treasure Coast Regional Planning
sensitive lands from alterations that would result in Council.
the loss of these lands or significant degradation of
their values and functions. An environmental impact D. Environmentally sensitive lands:
statement shall be submitted with all applications for Ecological sites (ecosites) representing high quality
site plan or subdivision appro val and such statement native Florida ecosystems.
shall address and identify any and all endangered,
threatened and rare species and species of special E. Native Florida Ecosystems: A self -
concern as defined in Section 2.C herein below as organized ecosystem of a type existing in Florida
well as areas of concern set forth in the Palm Beach prior to European colonization and containing
County Wellfield Protection Ordinance. If none predominantly native species.
exist, the applicant must so state and provide support
documentation to the planning department.
Sec. 3. Review pro cedures for proposed land
alterations.
Sec. 2. Definitions.
All applications for site plan or subdivision
As used in this article, the following words and approval where proposed alterations of
terms shall have the meaning ascribed thereto: environmentally sensitive lands occur shall be
reviewed by the technical review committee (TRC)
A. Alteration: Any activity which results in for evaluation. The evaluation by the TRC of any
the modification, variation or transformation of proposed alteration of lands found to be
environ - mentally sensitive lands, including but not environmentally sensitive shall be based on an
limited to placement of vehicles, structures, debris, or environmental study completed by the property
any other material objects thereon, introduction or owner or his or her designee. This study shall
injection of wat er or other substance, and removal, include, but not be limited to, the following
displacement or disturbance of plant or animal informatio n.
species, soil, rock, minerals or water.
A. Site conditions:
B. Ecosystem: An assemblage of living
organisms (plants, animals, microorganisms, etc.) that 1. Site location map - with the specific
functions as a dynamic whole through organized property clearly indicated.
energy flows.
2. Aerial photograph - with the specific
C. Endangered, threatened and rare species property clearly indicated (scale: one {1} inch equals
and species of special concern: Species listed as six hundred {600} feet or less).
endangered, threatened, rare or of special concern by
one (1) or more of the following agencies: 3. Detailed map of exist ing terrestrial and
aquatic vegetation, including exotic species within
1. U.S. Fish and Wildlife Service. the jurisdictional limits of wetland jurisdiction of the
U.S. Army Corps of Engineers and the Florida
Department of Environmental Regulation.
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23
4. Soil types and conditions. D. Project alternatives:
5. List of endangered, threatened and rare 1. Discussion of project alternatives
species and species of special concern found on the should be provided, including options considered and
site. rejected and the rationale for rejection of each option
consider ed.
6. Colonial bird nesting or roosting areas
or areas in which migratory species are known to 2. Mitigation considerations should be
concentrate. discussed in detail as they relate to possible loss of
habitat or impact on endangered, threatened or rare
7. Ar chaeologically and/or historically animal and plant species, or species of special
significant features. concern.
8. Geologically significant features.
Sec. 4. Review schedule.
9. Areas of previous disturbance or
degradation, including present and past human uses Any additional in formation determined to be
of site. required by the TRC must be requested by the TRC
within thirty (30) days of receipt of the above
10. Surrounding land uses. information. Upon receipt of the above information,
the TRC shall have thirty (30) days in which to
B. Project designs: complete its evaluation of envi ronmental impacts.
The TRC will then have thirty (30) days to make its
1. C onceptual footprint of site determination concerning conditions of approval for
development, including buildings, roadways, parking the development to the planning and development
areas, utilities, water features, flood control board. The planning and development board shall
structures, stormwater systems, wellfield locations, review the determination of the TRC at its next
landscaped areas, buffer areas, preserve areas, and regularly scheduled meeting. The planning and
other open space areas, as an overlay to vegetation development board shall accept or amend, as
mapping detailed in Section 3.A.3 above. necessary, the determination of the TRC.
2. Existing zoning.
Sec. 5. Appeals.
3. Status of development approvals,
including permit applications. Any aggrieved person may appeal as outlined in
Chapter 1, Article VII. The following stand ards shall
C. Project operation: be addressed by the appellant in his written request:
1. Description of proposed operations to A. Whether the subject property is an
be performed on the site including use, storage, environmentally sensitive land or contains
handling or production of substances known to be endangered, threatened and rare species and/or
harmful to humans, plants and/or animals. species of special concern in accordance with the
definitions set forth in Sections 2.C and D; and
2. Identification of any pollutants
expected to be emitted during project operation. B. Whether the conditions placed on the
development application are reasonable and represent
3. Identification of timing and source of sound environmental practices necessary to mitigate
noise an d/or vibration impacts on resident and possible harmful impacts upon the subject property
adjacent human and animal life.
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and are necessary in order to protect the health, safety subject to the twenty - five (25%) percent preserve
and welfare of the citizens of the City of Boynton area set aside notwithsta nding subdivision into
Beach. smaller parcels. In the event of subdivision or partial
(Ord. No. 96 - 57, § 5, 1 - 21 - 97) development, the first parcel seeking development
shall be required to satisfy the twenty - five (25%)
percent reserve area set aside.
Sec. 6. Preservation of natural resource sites.
(Ord. No. 96 - 30, § 1, 5 - 21 - 96)
A. Prior to the development of any land which
Secs. 7 - 11. Reserved.
has been designated as either an “A”, “B” or “C”
rated site in the conservation element of the city's
comprehensive plan, the proposed developer shall
submit a detailed flora and fauna survey to the city.
Review shall be as provided in Sections 3, 4 and 5
above.
B. If the property proposed for development is
greater than ten (10) acres in size and has been
designated as an “A” rated site, the developer shall be
required to preserve a minimum of twenty - five (25%)
percent of all native plant communi ties on the site.
Habitat shall be preserved with intact canopy, under
story and ground cover.
C. If the property proposed for development is
greater than ten (10) acres in size and has been
designated as a “B” or “C” rated site, the developer
shall be required to preserve a minimum of twenty -
five (25%) of all native plant communities on the site.
The preserve areas may be separated into micro
preserves. Habitat shall be preserved with intact
canopy, under story and ground cover.
D. The specific loca tion of the preservation
area shall be determined following site survey and
shall be identified in the site development order or
permit. In determining the most appropriate location
for the preserve area within the site, the city shall
consider, in additi on to other factors, the proximity of
the preserve area to developed and undeveloped
property surrounding the site, the ability to maintain
the preserve area based upon surrounding
development, and the recommendations of the city's
professional staff and o utside consultants.
E. Natural resource sites identified in table 2
of the conservation element of the city's
comprehensive plan and which exceed ten (10) acres
in size shall be
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