boyn07½ Chapter 7.5
ENVIRONMENTAL REGULATION
Art. I. Tree Preservation
Art. II. Landscape Code
Art. III. Central Business District Landscape Code
Art. IV. Environmentally Sensitive Lands
ARTICLE I. TREE PRESERVATION
Sec. 1. Short title.
This article shall be known and may be cited as the "City Tree Preservation Ordinance."
Sec. 2. Purposes.
The purposes of this article are to establish rules and regulations governing the protection of trees and vegetative cover within the limits of the City of Boynton Beach, to encourage
the proliferation of trees and vegetation within the city as well as their replacement, in recognition of their importance and their meaningful contribution to energy conservation and
management, to a healthy, beautiful and safer community attributable to their carbon dioxide absorption, oxygen production, dust filtration, wind and noise reduction, soil erosion prevention,
beach erosion protection, surface drainage improvement, beautification and aesthetic enhancement of improved and vacant lands, and the general promotion of the health, safety, welfare
and well being of the community.
Sec. 3. Definitions.
A. Buildable area: "Buildable area" shall be defined to mean that portion of a building site exclusive of the required yard areas on which a structure or building improvements may be
erected.
B. City inspector: The city forester or any person designated by the city manager to enforce the provisions of this article.
C. Drip line: A vertical line running through the outermost port of the crown of a tree and extending to the ground, provided, however, that the same shall not be less than a ten-foot
diameter circle which is drawn from the center line of the trunk of a tree.
D. Mangrove trees: A "mangrove tree" is any plant belonging to any of the following species of mangroves: Rhizophora mangle, the red mangrove; Laguncularia racemosa, the white mangrove,
and Avicennia nitida, the black mangrove.
E. Removal: "Removal of trees" also includes any intentional or negligent act which will cause a tree to decline and die within a period of three (3) years including, but not limited
to, such damage inflicted upon the root system of a tree by the operation of heavy machinery; the change of the natural grade above the root system of a tree or around the trunk of a
tree; and damage from injury or from fire inflicted on trees which results in or permits infections or pest infestations.
F. Shrub: "Shrub" shall mean a bushy, woody plant, usually with several permanent stems, and usually not over ten (10) feet high at its maturity.
G. Specimen tree: A "specimen tree" shall mean a tree which has been determined by the judgment of the city inspector to be of high value because of its type, size, age or other professional
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 Beach.
H. Tree: Any self-supporting woody perennial plant which has a trunk diameter of two (2) inches or more when measured at a point four and one-half (4 1/2) feet above ground level and
which normally attains an overall height of at least ten (10) feet at maturity usually with one main stem or trunk and many branches. It may appear to have several stems or trunks as
in several varieties of oak. All mangrove
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trees shall be included hereunder, which are four (4) feet or more in height.
I. Yard area: "Yard area" shall mean the front, side and rear yard areas as established and required under the comprehensive zoning code and the zoning district requirements as applicable
thereto.
Sec. 4. Application of article provisions.
The terms and provisions of this article shall apply to real property as follows:
A. All real property upon which specimen trees are located which trees have been designated as such under the provisions of this article.
B. All vacant and undeveloped property.
C. All property in all zoning classifications that is intended to be redeveloped.
D. The yard areas of all developed property except that property which is developed with single-family or two-family dwelling units, provided the trees designated as specimen trees
are not involved. "Developed" as used in this section shall mean those parcels of land within approved subdivisions which contain roads and utilities.
Sec. 5. Permit required.
A. Tree permits. No person, organization, society, association or corporation, or any agent or representative thereof, directly or indirectly, shall cut down, destroy, remove or move,
or effectively destroy through damaging, any tree as defined by this article, situated on a property described above without first obtaining a tree permit.
B. Land-clearing, removing or filling permits. No person, organization, society, association or corporation, or any agent or representative thereof, directly or indirectly, shall engage
in land-clearing, land-removing or land-filling activities in the City of Boynton Beach, or use, operate, propel or maintain in use any bulldozer, pay loader, front end loader, back
hoe, drag line, power shovel, road grader,
dump truck, dredge, sand pumping machine, pump line, fill spreader or other heavy duty land-clearing, land-removing or land-filling equipment without first obtaining a permit.
Sec. 6. Application for permit.
All permits required under Section 5 shall be obtained by making application for the permit to the development department. The application shall be accompanied by a written statement
specifying the location of the property and the expected land use and indicating the reasons for removal, relocation or replacement of trees thereon. Said application shall be accompanied
by four (4) copies of a legible site plan drawn to a minimum scale of one inch equals twenty (20) feet unless, in the discretion of the city inspector, it has been determined that a
lesser detailed scale site plan of the area involved, either in whole or in part, will be sufficient for the purposes of this article in which case an appropriate substitution shall
be acceptable. Aerial photographs having a minimum scale of one inch equals fifty (50) feet may also be submitted for consideration of the city inspector as such an acceptable substitute
for a site plan.
Sec. 7. Site plan information.
Site plans submitted in connection with applications for permits for the removal, relocation or replacement of trees shall include the following information and details which shall
be summarized in license form on the plan:
A. Location of all existing or proposed structures, improvements and site uses, property dimensioned and referenced property lines, setback and yard requirements and spatial relationships.
B. Existing and proposed site elevations, grades and major contours.
C. Location of existing or proposed utility services.
D. The common and botanical names, sizes and location of all trees or shrubs on the site, designating the trees, shrubs or natural vegetative cover which are
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respectively to be retained, removed, relocated or replaced. Groups of trees in close proximity may be designated as "clumps" of trees with the predominate type, estimated number and
average diameter noted.
Sec. 8. Alternate site plan information.
In the event that there are no trees, shrubs or vegetative cover located on the site to be developed which are required to be protected under the provisions of this article, the applicant
shall so state in his application for permit hereunder. If such statement is substantiated by a field inspection of the site by the city inspector, the applicant shall be relieved of
the necessity of supplying unnecessary or unimportant information.
Sec. 9. Pre-application inspection service.
In connection with the applications under the alternate site plan procedure and in connection with applications involving large tracts of property, the city inspector shall make his
services available for pre-application inspections of the sites involved.
Sec. 10. Application processing and review.
Upon receipt of a proper application pursuant to this article together with payment of a fee required thereon, the development department shall promptly review the same and shall forward
said application to the appropriate city departments for their detailed examination review and report.
Sec. 11. Issuance of permits.
If the building inspector, based upon the recommendations and findings of the city departments, is satisfied that the work of removing, relocating or replacing trees, shrubs or natural
vegetative cover, described in the application for permit and the drawings filed therewith conform to the requirements of this article and the other laws and ordinances applicable, he
shall issue a permit therefor to the applicant.
Sec. 12. Special conditions for issuance of permits
for removal.
No permit shall be issued for the removal of trees, shrubs or vegetative cover unless one of the following conditions exists:
A. The tree is located in the buildable area of yard area where a structure or improvements may be placed and it unreasonably restricts the permitted use of the property and such tree
cannot reasonably be relocated elsewhere on the property.
B. The tree cannot be relocated on or off the site because of the age, type or size of the tree.
C. The tree is diseased, injured, in danger of falling, too close to existing or proposed structures, interferes with existing utility service, creates unsafe vision clearance, or conflicts
with other ordinances or regulations.
D. Where tree removal is consistent with an approved subdivision plat or site plan.
E. It is in the welfare of the general public that the tree be removed for a reason other than set forth above.
Sec. 13. Special conditions for issuance of permits
for relocation or replacement.
Pursuant to an application for a permit to relocate trees which interfere with the buildable area 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 permitted, where practical, to relocate the tree being removed to an appropriate new location on the site. Similarly, an applicant
may be permitted to replace a tree being removed with another tree to be located elsewhere on the site. All replacement trees shall be of a type that will attain an overall height at
maturity of at least fifteen (15) feet and a trunk diameter at maturity of at least three (3) inches, measured four and one-half (4 1/2 feet above grade, and shall be a minimum of ten
(10) feet in overall height when planted.
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Sec. 14. Tree removal or relocation permit fee.
Permits for removal, relocation or replacement of trees pursuant to the regulations and controls provided under the
city tree preservation ordinance are hereby established in accordance with the following schedule:
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.
Sec. 15. Tree protection.
A. During the land clearing and construction stage of development, the developer shall erect and maintain protective barriers (to city inspector's specifications consistent with good
management practices) around all trees or groups of trees to be protected. The developer shall not allow the movement of equipment or the storage of equipment, materials, debris or
fill to be placed within the protective barrier.
B. During the construction stage of development, the developer shall not allow the cleaning of equipment or material within the drip line of any tree or groups of trees to be protected.
Neither shall the developer allow the disposal of waste materials such as paint, oil solvents, asphalt, concrete, mortar and so on within the drip line of any tree or groups of trees.
C. No attachments or wires other than those of a protective nature shall be attached to any tree.
D. During the land clearing and construction stage of development, the director of the development department or his assigned officer, shall periodically inspect the site to insure
compliance with the provisions of this article.
E. Tree location and replacement activity permitted or required under this article shall be done in accordance with standard forestry practices and
procedures (reference "Tree Protection Manual for Builders and Developers," issued by the State of Florida, Division of Forestry, on file with the city clerk), and all such plantings
shall be reasonably maintained and attended to promote successful establishment thereof.
Sec. 15.1. Hazardous trees exempt from written
permit requirement.
In the event that any tree shall be determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety, and requires immediate removal without
delay, verbal authorization may be given by the development department and the trees removed without obtaining a written permit as herein required.
Sec. 16. Exceptions due to emergencies.
During the period of an emergency such as a hurricane, tropical storm, flood or any other Act of God, the requirements of this article may be waived by the development department.
Sec. 17. Exemptions to nurseries, tree farms.
All licensed plant or tree nurseries or tree farms shall be exempt from the terms and provisions of this article only in relation to those trees planted and growing on the premises
of said licensee, which are so planted and growing for the sale or intended sale to the general public in the ordinary course of said licensee's business.
Sec. 18. Exemptions for betterment plans.
Applicants for permits shall be entitled to demonstrate by means of a proper landscape plan that an improvement or betterment of the environment can be accomplished 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 plan. The surety shall:
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 within 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 identification of exotic species may be performed by staff, at no cost to the property owner, upon request of the property owner.
2. If the parcel of property is in excess of
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 shall 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 mulched. 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 diseased 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. The 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 establishment 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 and add thereto his own comments and recommendations. If the city manager approves such recommendation, the matter shall be presented
to the City Commission for their determination. The City Commission shall notify by certified mail the affected property owner of the proposed hearing and conduct a public hearing to
consider the report of the city forester and the recommendation of the city manager and shall either accept, modify or deny same and shall designate by resolution those trees it deems
appropriate as specimen trees.
Sec. 22. Natural growth to be preserved.
Every effort shall be put forth on all undeveloped property to retain particular area of natural vegetative cover that is determined by the city inspector to be a fragile ecosystem,
unique, valuable or nearly extinct in our area, unless it would unduly restrict the use of surrounding property or create a condition of undue hardship on said owner.
Sec. 23. Natural vegetative cover on beach dunes.
The natural vegetative cover on beach dunes shall be preserved in an undisturbed state of growth as a fragile ecosystem. Such beach dune vegetation, grass, sea grape and tree development
shall be altered, removed or changed only in accordance with the requirements of this article except as to nature trails, walks or pathways which may cross over same.
Sec. 23.1. Preservation of mangrove areas.
Well-documented scientific research has established that mangrove areas are the ecological base of the biological food chain for many important species, including some species of fish
which are important for sport and commercial fishing. Mangrove trees also provide a habitat and shelter for birds and other organisms and are possessed of considerable aesthetic value
as well as providing for a storm surge barrier. For these reasons, land
development and construction thereon, should be consistent with maximum possible conservation of mangrove wetlands.
Sec. 24. Procedures of city inspector to be
followed.
All necessary procedures outlined by the city inspector shall be followed in instances where the grade site is to be raised or lowered around an existing plant, where ditching for utilities,
foundations, swimming pools, driveways or the like will severely cut root systems, or where large paved areas will delete the water supply and aeration necessary for the life of the
tree or shrub, or where a change in the grade or drainage of development will seriously harm natural areas to be retained. In making this determination of the necessary procedure, the
city inspector shall use the "Tree Protection Manual for Builders and Developers" to determine what is reasonable under the circumstances.
Sec. 25. Public lands.
No tree shall be removed from any city lands, public park or any areas of the public right-of-way except in accordance with the provisions of this article.
Sec. 26. Reserved.
Sec. 26.1. Reserved.
Sec. 27. Penalty.
A. Any person or organization, society, association or corporation, or any agent or representative thereof, violating the provisions of any section 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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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 revocation or suspension of any
permit granted for the construction or remodeling of any building or structure on the site so involved.
C. No building permit or certificate of occupancy shall be issued for any improvements upon a property where the provisions of this article have not been complied with.
Secs. 28—30. Reserved.
ARTICLE II. LANDSCAPE CODE
Sec. 1. Short title.
This article shall be known and may be cited as the "Boynton Beach Landscape Code."
(Ord. No. 00-51, § 2, 10-4-00)
Sec. 2. Declaration of purpose and intent.
It is the purpose and intent of this article to improve the appearance of certain setback and yard areas including off-street vehicular parking and open-lot sales and service areas
in Boynton Beach; to protect and preserve the appearance, character and value of the surrounding neighborhoods and to preserve energy and thereby promote the general welfare by providing
for installation and maintenance of landscaping for screening and elimination of visual pollution, and where possible that the landscaping to be provided as a result of this article
be constructed in a manner which will reduce the demand for energy currently and in the future, since the City Commission finds that the peculiar characteristics and qualities of Boynton
Beach justify regulations to perpetuate the appeal of its natural visual pollution free environment.
(Ord. No. 00-51, § 2, 10-4-00)
Sec. 3. Construction of language and definitions.
A. Rules for construction of language. The following rules of construction shall apply to the text of this article.
1. The particular shall control the general.
2. In case of any differences of meaning or implication between the text of this code and any caption, illustration, summary table or illustrative table, the text shall control.
3. The word "shall" is always mandatory and not discretionary. The word "may" is permissive.
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 singular, unless the context clearly
indicates the contrary.
5. A "building" or "structure" includes any part thereof.
6. The phrase "used for" includes "arranged for," "designed for," "maintained for" or "occupied for."
7. The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.
8. Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions or events connected by the conjunction "and", "or,"
or "either...or," the conjunction shall be interpreted as follows:
a. "And" indicates that all the connected items, conditions, provisions or events shall apply.
b. "Or" indicates that the connected items, conditions, provisions or events shall apply.
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c. "Either...or" indicates that the connected items, conditions, provisions or events shall apply singularly but not in combination.
9. The word "includes" shall not limit the term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.
B. Definitions. For purposes of this code, in addition to the following terms or words, the definitions provided for in the zoning code of the City of Boynton Beach, Florida shall
apply.
1. "Board": Board shall mean the planning and development board of the City of Boynton Beach.
2. "Landscaping": Any of the following or combination thereof: Materials such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms, and other material
such as rocks, pebbles, sand, walls or fences, and decorative paving materials approved by the development department and the planning and development board.
3. "Landscape screen or barrier":
a. A landscape screen is a continuous row of plant material and/or wall (or other durable barrier) placed where the vehicle use area abuts the adjoining rights-of-way and adjacent
property. The materials used to establish the landscape screen are defined under the respective sections below, and are planted to form a continuous screen of plant material within
a maximum of one (1) year after time of planting. The hedge element shall be maintained at four (4) feet, and the wall used in place of the hedge shall be no less than three (3) feet
high and combined with a minimum of two hedge plants placed on the outside of the wall and spaced every 10 lineal feet.
b. A landscape barrier is a near solid element combining a wall and/or natural vegetation intended to block all direct and reasonable views to a given use such as overhead bay or
service doors,
automotive repair or the like, outdoor storage areas, parked vehicles, etc. The landscape barrier shall be comprised of a berm, buffer wall and/or natural vegetation (as deemed appropriate
by the city) consisting of various trees species planted tip-to-tip in two or more staggered rows, and shall include species such as Southern Red Cedar, Silver Buttonwood, Dahoon Holly,
Blolly, Palatka Holly, Redbay, Sweet Bay, Southern Coastal Willow, Sweet Acacia, Spanish Stopper, Geiger Tree, Cherry Laurel, Yaupon, Black Ironwood, Lancewood, Coffee Colubrina, Crabwood,
Wild Lime, Willow Bustic, Torchwood, or other tree species found comparable by staff. Tree species selected shall be those with maximum density and minimum deciduous characteristics.
Various shrub species ranging in heights from 30 inches to 36 inches when planted tip-to-tip shall include species such as Firebush, Wax Myrtle, Wild Coffee, Florida Trema, Florida
Privet, Marlberry, Myrsine, Spicewood, Necklace Pod, Tetrazigia, or other species found comparable by staff which when planted form a continuous visual screen when planted.
4. "Encroachment": Encroachment is any protrusion of a vehicle outside of a parking space, display area or accessway into the landscaped area. There shall be no encroachment over
or into any landscaped area. Wheel stops and/or cuts shall be placed at least two (2) feet from the edge of such landscaped area as well as two (2) feet from any preserved or planted
tree. Where a wheel stop or curb is utilized, the paved area between the curb and the end of the parking space may be omitted, providing it is landscaped in addition to the required
landscaping as provided herein.
5. "Trees": Any self-supporting woody perennial plant which has a trunk diameter of three (3) inches or more when measured at a point four and one-half (4 1/2) feet above ground level
and which normally attains an overall height of at least ten (10) feet at maturity usually with one main stem or trunk and many branches. It may appear to have several stems or trunks
as in several varieties of oak. All 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, and usually not over ten (10) feet high at its maturity.
7. "Vines": Plants which normally require support to reach mature form.
(Ord. No. 00-51, § 2, 10-4-00)
Sec. 4. Landscaping requirements for certain
yard areas and off-street parking and
other vehicular use areas.
All areas used for a display or parking of any and all types of vehicles, boats or construction equipment, whether such vehicles, boats or equipment are self-propelled or not, and all
land upon which vehicles traverse the property as a function of the primary use, hereinafter referred to an "other vehicular uses," including but not limited to activities of a drive-in
nature such as filling stations, grocery and dairy stores, banks, restaurants, new and used car lots, multifamily and cluster housing, and the like, shall conform to the minimum landscaping
requirements provided herein, except areas used for parking or other vehicular uses under, on, or within buildings, and parking areas serving single-family dwellings since such residential
areas are normally voluntarily landscaped.
(Ord. No. 00-51, § 2, 10-4-00)
Sec. 5. Particular requirements.
A. Installation. All landscaping shall be installed in a sound workmanlike manner and according to accepted good planting procedures with the quality of plant materials as hereinafter
described. (All elements of landscaping shall be installed so as to meet all other applicable ordinances and code requirements). Landscaped areas shall require protection from vehicular
encroachment. An inspector from the city development department shall inspect all landscaping and no certificates of occupancy and use or similar authorization will be issued unless
the landscaping meets the requirements provided herein. All landscaped areas shall be
provided with an automatic irrigation water supply system. Exception: Irrigation is not required for areas fully xeriscaped and approved by the City urban forester. Reuse water may
be used where available and permitted by the Palm Beach County Health Department.
B. Maintenance.
1. The owner, or his agent, shall be responsible for the maintenance of all landscaping which shall be maintained in good condition so as to present a healthy, neat and orderly appearance
and shall be kept free from refuse and debris. All existing and newly landscaped properties shall receive an initial landscape/irrigation inspection and thereafter a semi-annual inspection
for compliance with the site visual buffering provisions of this Code. All perceived site signage/landscape conflicts will be corrected during inspection process.
2. Maintenance of landscape screen or barrier: All plantings including trees must not be trimmed nor sheared of foliage during the first 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 unnatural extent. All existing and newly installed trees must be maintained
in accordance with standards of the National Arborists Association. All existing and newly installed trees found not to be trimmed in accordance with the NAA standards must be replaced
with the same size tree. Site maintenance shall not alter screen or barrier to decrease the original level of required density.
C. Plant material.
1. Quality. Plant materials used in conformance with provisions of this article shall conform to the Standards for Florida No. 1 or better as given in "Grades and Standards for Nursery
Plants" Part I, 1963 and Part II, State of Florida, Department of Agriculture, Tallahassee, or equal thereto. Grass sod shall be clean and reasonably free 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 the seed growers compliance with the agricultural department's quality control program.
2. Trees: general requirements. Trees shall be species having an average mature spread of crown in Boynton Beach of greater than fifteen (15) feet and having trunk(s) which can be
maintained in a clean condition over five (5) feet of clear wood. Trees having an average mature spread of crown less than fifteen (15) feet may be substituted by grouping the same
so as to create the equivalent of a fifteen-foot crown spread. Palms shall be considered trees and exempt from the fifteen-foot crown spread criterion. Tree species (excluding signature
trees) shall be a minimum of twelve (12) feet overall in height when planted, with a minimum caliper of 3 inches. A signature tree is a tree with blossoms or natural color other than
green intended to beautify project entrances and contribute to the city's image with this element of aesthetic uniformity. Signature trees include Yellow Elder, Tibouchina Granulosa,
and Bougainvillea. Trees (see list below) with roots known to cause damage to public roadways or other public works, such as Ficus species, shall not be planted. The following exotic
(nonnative) tree species shall not be planted as part of any proposed landscape plan. Deemed as "invader species" in South Florida and the reasons to prohibit them include: Shallow
roots which make them susceptible to wind damage (hurricanes); that they grow in dense stands crowding out native vegetation; they create monoculture (single tree species) that exclude
most wildlife; they have poor quality wood of no commercial value; can cause serious health problems to allergic individuals, and they are prolific propagators that encroach into native
vegetative areas. Those trees declared to be exotic and nonnative are:
All of the Casuarina Species;
Brazilian Pepper (Florida Holly);
Schenius lerebinthifolius Melaleuca
(Punk Tree);
Melaleuca quinquenervia.
3. A signature tree is a tree with blossoms or natural color other than green intended to beautify project entrances and contribute to the city's image with this element of aesthetic
uniformity. Signature trees include Yellow Elder, Tibouchina Granulosa, and Bougainvillea
4. Shrubs and hedges. Shrubs and hedges shall be a minimum of twenty-four (24) inches in height, twenty-four (24) inches in spread and planted with tip-to-tip spacing measured immediately
after planting to adequately cover the planted areas on the site.
5. Vines. Vines shall be a minimum of two (2) feet in height immediately after planting and may be used in conjunction with fences, screens or walls to meet physical barrier requirements
as specified and be a minimum of five (5) feet on the center.
6. Ground cover. Ground covers, either vegetative or nonliving, used in whole or part shall present a finished appearance and reasonably complete coverage within three (3) months
after planting. However, when slow maturing ground covers are used, they shall be mulched.
7. Lawn grass. Grass areas shall be planted in species normally grown as permanent lawns in Boynton Beach. Grass areas may be sodded, plugged, sprigged or seeded except that solid
sod or other acceptable erosion control measures shall be used in swales or other areas subject to erosion. In areas where other than solid sod or grass seed is used between the months
of October and March, nursegrass seed shall be sown for immediate effect and protection until coverage is otherwise achieved.
8. Mulch other than Cypress shall be used and maintained for landscaping purposes.
D. Required landscaping adjacent to public rights-of-way. On the side of a building or open lot 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
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or structure from any abutting right-of-way, excluding dedicated alleys to the rear of building, there shall be provided a strip of land at least seven (7) feet in width between such
area and such right-of-way. This strip of land shall be comprised of the following elements:
The first outside layer shall be a combination of colorful groundcover plants (annuals may be supplemental to other groundcover plants but not be a substitute) and a minimum of two
colorful shrub species planted in a continuous row or in clusters spaced no greater than 20 feet apart beginning at the project entrance or corner (individual clusters being a minimum
of five (5) feet wide; excluding properties zoned M-1 that front on local streets). For sides of property with linear distances less than 40 feet, the first layer of plants shall only
be required at project corners. The next layer shall consist of a continuous hedge or decorative site wall and one (1) tree spaced a maximum of 30 feet apart (spacing may decrease to
a maximum of 10 feet for unsightly, vehicle-intensive, or other uses requiring greater buffering as recommended by the Director).
E. Buffer requirements. On the site of a building or structure or open lot use providing an off-street parking area or other vehicular use area, such area shall be provided with a
landscaped barrier, preferably a hedge not less than four (4) feet nor greater than six (6) feet in height to form a continuous screen between the off-street parking area or other vehicular
use area and such abutting property. Such landscape buffer shall be 2 1/2 feet deep and located between the common lot line and the off-street parking area or other vehicular use area
except where an industrial or commercial zoning district abuts a residential zoning district, this planting strip shall not be less than 5 feet in depth between commercial and residential
zoning districts and 15 feet in depth between industrial and residential zoning districts, and include a minimum of one tree planted for every 30 linear feet of property. Where the
hedge and tree requirements are met on one property, only the green space width shall be required for the abutting property. The provisions of this subsection shall not be applicable
when a property line abuts a dedicated alley.
F. Accessways. The maximum width of an accessway (whether one- or two-way traffic) through the required perimeter landscape strip to an off-street parking or other vehicular use area
shall be thirty-two (32) feet. The balance of such street frontage not involved with accessways shall be landscaped in accordance with the provisions of this section.
G. Parking area interior landscaping. Off-street parking areas shall have at least twenty (20) square feet of interior landscaping for each parking space excluding those spaces abutting
a perimeter for which landscaping is required by other sections hereof and excluding all parking spaces which are directly served by an aisle abutting and running parallel to such a
perimeter. Each separate landscaped area shall contain a minimum of twenty-five (25) square feet and shall have a minimum dimension of at least five (5) feet and shall include at least
one tree having a clear trunk of at least five (5) feet, with the remaining area adequately landscaped with shrubs, ground cover or other authorized landscaping material not to exceed
three (3) feet in height. The total number of trees shall not be less than one (1) interior tree for every ten (10) parking spaces. Trees provided adjacent to rights-of-way, abutting
properties, and building walls shall not contribute toward this requirement. Such landscaped areas shall be located in such a manner as to divide and break up the expense of paving.
H. Point of access. When an accessway intersects a public right-of-way or when the subject property abuts the intersection of two (2) or more public rights-of-way, all landscaping
within the triangular areas described below shall provide unobstructed cross-visibility at a level between thirty (30) inches and eight (8) feet above pavement, provided, however, trees
or palms having limbs and foliage trimmed in such a manner that no limbs or foliage extend into the cross-visibility area shall be allowed, provided they are located so as not to create
a traffic hazard. Landscaping, except required grass or ground cover, shall not be located closer than three (3) feet from the edge of any accessway pavement or sidewalk or walk path.
The triangular areas above referred to are:
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1. The areas of property on both sides of an accessway formed by the intersection of each side of the accessway right-of-way or easement line and the public right-of-way line with
two (2) sides of each triangle being ten (10) feet in length, (or more when determined to be necessary by the city engineer) from the point of intersection and the third side being a
line connecting the end of the other two (2) sides.
2. The area of property located at a corner formed by the intersection of two (2) or more public rights-of-way with two (2) sides of the triangular area being thirty-five (35) feet
in length along the abutting public right-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two (2) lines.
3. The area of property located at a corner formed by the intersection of two (2) or more public rights-of-way being a collector or arterial street, or any right-of-way of higher classification
than a local street, the two (2) sides of the triangular area shall be fifty (50) feet in length for the collector street, and one hundred twenty (120) feet for the arterial street along
the abutting public right-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two (2) lines.
I. Existing plant material. In instances where healthy plant material exists on a site prior to its development, in part or in whole, for purposes of off-street parking or other vehicular
use areas, the department may adjust the application of the above-mentioned standards to allow credit for such plant material if, in its opinion, such an adjustment is in keeping with
and will preserve the intent of this article.
J. Landscaping and dumpsters. All dumpsters should be placed on a concrete pad ten (10) feet wide with an appropriate depth and be screened on three (3) sides as described in Chapter
9, Section 10, Paragraph C.3. Provide accent shrubs along the screen wall.
K. General landscaping for cluster and multifamily housing developments. In addition to the landscaping required by other sections of this code, the following number of trees are required
for open common areas.
1. A minimum of one tree for each one thousand five hundred (1,500) square feet (or fraction thereof) of developed area. Trees that are preserved on site in open common area shall
receive credit against the landscape area requirements. It is the intent of this section to create a park-like environment. This section is included in order to create privacy, shaded
areas and an aesthetically pleasing environment, and in determining the validity of any
site plan in accordance with Section 6, the planning and development board shall take these factors into consideration.
L. Foundation landscaping. Foundation landscaping shall be required in the front and side of each multifamily or cluster dwelling in order to enhance the visual appearance of the building
and to promote privacy.
M. Landscaping of open walls. The provisions of this section shall apply to the front elevation wall and two side elevation walls (and rear elevations where visible from adjacent rights-of-way)
of all commercial or non-residential buildings (excluding industrial uses with exposure limited to local streets) where that portion of the base level void of windows, awnings, and doorways
exceeds 25 lineal feet, or where otherwise recommended by the Director for minimal aesthetic improvement. Foundation landscaping shall be placed in a strip of land not less than five
(5) feet wide and shall include a continuous colorful shrub and groundcover compatible with perimeter landscaping (rights-of-way), or a minimum 10 foot wide cluster of the same plants
spaced a maximum of 15 linear feet apart. Foundation landscaping may be placed abutting the wall or planted in a separate planter no farther than 20 feet from the wall of larger projects
or shopping centers. Height of trees when planted shall be a minimum of 1/2 building
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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, this 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 not 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
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Environmental Regulation 13
sight area. The signature tree does not contribute toward the required number of perimeter trees. All trees must be standards and have a minimum clear trunk of six feet.
O. Site signage. The base of a sign shall be enhanced with colorful groundcover plants (annuals may be supplemental to other groundcover plants but not be a substitute) and a minimum
of two colorful shrubs species all selected for entrance compatibility (not to be less than 2 feet in width and placed around no fewer than 3 sides). Species selection and design shall
ensure visibility to low monument signs at plant maturity. Landscaping of plaza/shopping center signs shall also include a minimum of one (1) signature tree.
P. Native species. Upon meeting the requirements of other sections of the landscape code, fifty (50) percent of site landscape materials must be native species.
Q. Compatibility with existing landscaping. In order to maintain compatibility with adjacent development, the city may require, where desirable, that site landscaping be designed similar
to adjacent or nearby property.
R. Upland buffer/littoral plantings. Lake areas (retention ponds) in excess of one acre in area shall be planted to create a habitat that provides the optimal environment for aquatic
and other species. Lakes provided for new construction or major modifications of existing projects shall be planted as follows:
1. To occupy a minimum of 50% of lake perimeter with littoral plantings;
2. To consist of a minimum of 10 square feet of littoral shelf per linear foot of lake;
3. To consist of a minimum of 1 native tree per 50 feet of linear lake frontage;
4. All vegetation installed contiguous, at a minimum 3:1 bank slope, 100% appropriate native vegetation, installed with proper spacing for full coverage of littoral shelf areas. All
littoral and upland
plantings established consistent with these standards shall be maintained in accordance with a management plan approved by the city at the time of site plan approval or permitting.
S. Landscaping within easements. Consistent with Chapter 7.5, Article I, Section 18.1, tree species placed within utility easements shall be limited to palm trees. Canopy trees shall
be planted outside of easements so that roots and branches do not impact existing utilities unless approved by the Utilities Director and consistent with planting guidelines of Florida
Power & Light Utility.
(Ord. No. 96-57, § 2, 1-21-97; Ord. No. 00-51, § 2, 10-4-00; Ord. No. 03-018, §§ 1-3, 6-3-03)
Sec. 6. Landscape plan approval.
Except for single-family dwellings, prior to the issuance of any building permit or certificate of occupancy, under the provisions of this article and the Boynton Beach Building Code,
except for minor modifications a landscape plan shall be submitted to and approved by the planning and development board. The landscape plan shall be drawn to scale, including dimensions
and distances, and delineate the existing and proposed parking spaces or other vehicular use areas, access, aisles, drive-ways, sprinklers or water outlet locations, and the location,
size and description of all other landscape materials, the location and size of buildings if any to be served, and shall designate by name and location the plant material to be installed
or, if existing, to be used in accordance with the requirements hereof. There shall be an application fee as adopted by resolution of the City Commission for landscape plan approval.
No landscape permit, building permit or certificate of occupancy shall be issued for such building or paving unless such landscape plot plan complies with the provisions herein. There
shall be a permit application fee adopted by resolution of the City Commission for landscape plan approval. No landscaping shall be installed without a landscaping permit. All inspections
to determine compliance with the approved site plan shall be conducted by the development department.
(Ord. No. 00-51, § 2, 10-4-00)
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Sec. 7. Performance surety.
In the event that the landscaping requirements of this article have not been met at the time that certificate of occupancy could otherwise have been granted, and said permit or certificate
is requested by the developer, the city may enter into an agreement approved by the city attorney with the owner or his agent that the provisions and requirements 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 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 an estimate provided by a qualified landscaping contractor. The surety
shall:
A. Name the City Commission as beneficiary.
B. Be in a form satisfactory and acceptable to the city attorney and the finance director.
C. Specify the time for the completion of the landscaping requirements of this article as determined by the city manager.
(Ord. No. 00-51, § 2, 10-4-00; Ord. No. 02-033, § 4, 8-20-02)
Sec. 8. Applicability of landscape ordinance and
other regulations.
A. This article shall apply concurrently and in direct relation to the requirements and regulations of the zoning code of Boynton Beach. These regulations apply to new construction,
major modifications to existing sites, and newly landscaped areas where compliance with regulations does not decrease conformance with parking regulations. These regulations shall apply
to all zoning districts except planned zoning districts, and as noted herein except for detached single-family homes or duplexes.
B. Landscaping within PUD, PCD and PID Zoning Districts. Planned zoning districts are intended to allow for flexibility in required landscaping but shall meet the intent of these regulations
regarding
perimeter, entrance, signage and building landscaping; lake plantings; planting specifications and methods; and signature trees.
(Ord. No. 00-51, § 2, 10-4-00)
Sec. 9. Administration and interpretation of code
regulations and provisions.
A. The interpretation and application of the regulations and provisions of this code by the development department shall be reasonable and uniformly applied to all property within the
jurisdiction of Boynton Beach.
B. The regulations and provisions of this code shall be held to be the minimum requirements adopted for the protection and promotion of the public health, safety, comfort, convenience,
order, appearance, prosperity or general welfare.
C. Whenever the regulations and requirements of this code are at variance with the requirements of any other lawfully enacted and adopted rules, regulations, ordinances or laws, the
most restrictive shall apply.
(Ord. No. 00-51, § 2, 10-4-00)
Sec. 10. Enforcement of code regulations and
provisions; violations, penalties and other
remedies.
A. Enforcement responsibility. No building permit, certificate of occupancy and use or certificate of occupancy shall be granted by the development department, except in compliance
with the provisions of this code or court decision.
The regulations and provisions of this code shall be held to be the minimum requirements adopted for the protection and promotion of the public health, safety, comfort, convenience,
order, appearance, prosperity or general welfare.
Whenever the regulations and requirements of this code are at variance with the requirements of
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Environmental Regulation 15
any other lawfully enacted and adopted rules, regulations, ordinances or laws, the most restrictive shall apply.
B. Violation and penalties for non-compliance of required landscaping (maintenance). For any and every violation of the provisions of this code, and for each and every day that such
violation continues, said violation(s) shall be $250 per day until violation is corrected by the property owner. Persons charged with such violation(s) may include:
1. The owner, agent, lessee, tenant, contractor or any other person using the land, building or premises where such violation has been committed or shall exist, or
2. Any person who knowingly commits, takes part or assists in such violation, or
3. Any person who maintains any land, building or premises in which such violation shall exist.
C. Other legal remedies. In addition to the criminal penalties and enforcement procedures provided, the City Commission may institute any lawful civil action or proceeding to prevent,
restrain or abate:
1. The unlawful construction, erection, reconstruction, alteration, rehabilitation, expansion, maintenance or use of any building, structure or parking area, or
2. The occupancy and/or use of such building, structure or parking area, or
3. The illegal act, conduct, business of use of, in or about such premises.
D. Other administrative remedies; building permits and certificates of occupancy and use.
1. Issuance. No building permit or certificate of occupancy and use shall be issued by the development department for any purpose except
in compliance with the provisions of this code and other applicable ordinances and laws, a decision of the planning and development board or court decision.
2. Revocation. The development department may revoke a building permit or certificate of occupancy in those cases where an administrative determination has been duly made that false
statements or misrepresentations existed as to material fact(s) in the application or plans upon which the permit or approval was based.
3. Suspension. The development department may suspend a building permit or certificate of occupancy and use where an administrative determination has been duly made that an error
or omission on either the part of the permit applicant or government agency existed in the issuance of the permit or certificate approval. A valid permit or certificate shall be issued
in place of the incorrect permit or certificate after correction of the error or omission.
4. Notice and appeal. All development department decisions concerning the issuance, revocation or suspension of building permits and certificates of occupancy shall be stated in official
written notice to the permit applicant. Any decision of an administrative official may be appealed to planning and development board within thirty (30) days of the action that the aggrieved
party wishes to appeal.
(Ord. No. 00-51, § 2, 10-4-00)
Secs. 11—19. Reserved.
ARTICLE III. CENTRAL BUSINESS
DISTRICT LANDSCAPE CODE
Sec. 1. Short title.
This article shall be known and may be cited as the Boynton Beach Central Business District Landscape Code.
(Ord. No. 00-51, § 2, 10-4-00)
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Sec. 2. Purposes.
The purposes of this article are to provide uniform landscape design and planting standards for development in the central business district (CBD), and include provisions for pedestrian
walkways, screening of service areas, and lighting installations.
(Ord. No. 00-51, § 2, 10-4-00)
Sec. 3. Definitions.
Definitions under Article I, Section 3 and Article II, Section 3 shall apply to terms as used in this article and the following definitions shall also apply:
Tree protection. Treatment of all existing trees shall comply with Article I, Sections 1 through 30.
(Ord. No. 00-51, § 2, 10-4-00)
Sec. 4. Applicability of the central business
district landscape code.
This article shall apply concurrently and in direct relation to the requirements of the central business district regulations of the zoning ordinance. These regulations apply to new
construction, major modifications to existing sites, and newly landscaped areas where compliance with regulations does not decrease conformance with parking regulations.
Compatibility with existing landscaping. In order to maintain compatibility with adjacent development, the city may require where desirable, that site landscaping be designed similar
to adjacent or nearby property.
(Ord. No. 00-51, § 2, 10-4-00)
Sec. 5. Central business district landscape plan
to be submitted, review and approval
required.
Any person owning property within the central business district desiring to obtain a building permit for construction of any building shall submit a landscape plan to the planning director.
Sec. 6. Landscape plan approval.
Except for single-family dwellings, prior to the issuance of any building permit or certificate of occupancy, under the provisions of this article and the Boynton Beach Building Code,
except for minor modifications a landscape plan shall be submitted to and approved by the planning and development board. The landscape plan shall be drawn to scale, including dimensions
and distances, and delineate the existing and proposed parking spaces or other vehicular use areas, access, aisles, drive-ways, sprinklers or water outlet locations, and the location,
size and description of all other landscape materials, the location and size of buildings if any to be served, and shall designate by name and location the plant material to be installed
or, if existing, to be used in accordance with the requirements hereof. There shall be an application fee as adopted by resolution of the City Commission for landscape plan approval.
No landscape permit, building permit and certificate of occupancy shall be issued for such building or paving unless such landscape plot plan complies with the provisions herein. There
shall be a permit application fee adopted by resolution of the City Commission for landscape plan approval. No landscaping shall be installed without a landscaping permit. All inspections
to determine compliance with the approved site plan shall be conducted by the development department.
(Ord. No. 00-51, § 2, 10-4-00)
Sec. 7. Performance surety.
In the event that the landscaping requirements of this article have not been met at the time that a certificate of occupancy could otherwise have been granted, and said certificates
requested by the developer, the city shall enter into an agreement with the owner that the provisions and requirements of this article will be complied with. In that case, the owner
shall post a performance bond or other city-approved surety in an amount equal to one hundred ten (110) per cent of the costs of materials, labor and other attendant costs incidental
to the installation of the required landscaping based upon an estimate provided by a registered landscape architect.
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The surety shall:
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 landscaping requirements of this article as determined by the city manager.
(Ord. No. 00-51, § , 10-4-00)
Sec. 8. Maintenance and irrigation.
A. The owner shall be responsible for the maintenance of all landscaping, which shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall
be kept free from refuse and debris.
B. All plantings including trees must not be trimmed nor sheared of foliage during the first 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 unnatural extent. All existing and newly installed trees must be maintained in accordance with standards of the National
Arborists Association. All existing and newly installed trees found not to be trimmed in accordance with the NAA standards must be replaced with the same size tree. Site maintenance
shall not alter screen or barrier to decrease the original level of required density.
C. All planted areas and trees shall be irrigated by an automatic irrigation water supply system, which shall be maintained in good working condition.
D. All existing and newly landscaped properties shall receive an initial landscape/irrigation inspection and thereafter a semi-annual inspection for compliance with the site visual
buffering provisions of this code. All perceived site signage/landscape conflicts will be corrected during the inspection process.
E. Violation and penalties for non-compliance of required landscaping (maintenance). For any and every violation of the provisions of this code, and for each and every day that such
violation continues, said violation(s) shall be $250 per day until violation is corrected by the property owner. Persons charged with such violation(s) may include:
1. The owner, agent, lessee, tenant, contractor or any other person using the land, building or premises where such violation has been committed or shall exist, or
2. Any person who knowingly commits, takes part or assists in such violation, or
3. Any person who maintains any land, building or premises in which such violation shall exist.
(Ord. No. 00-51, § 2, 10-4-00)
Sec. 9. Central business district landscape
requirements.
Development in the central business district shall conform to these minimum landscape requirements, and where possible shall conform with recommenda-tions of the central business district
design guidelines. In order to maintain compatibility with adjacent development, the city may require where desirable that site landscaping be similar to landscaping species and the
design existing on adjacent or nearby property.
A. Landscaped areas:
1. Perimeter strip landscaping. Except along the east side of NE 6th Street north of Ocean Avenue and the south side of Casa Loma Boulevard, landscape strips with landscaping material
are required to be located within the property line along the entire perimeter of parking and vehicular use areas, and shall meet the following minimum requirements:
a. Landscape perimeter strips shall be at least three (3) feet wide.
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b. Living plant materials shall cover at least seventy (70) per cent of the required landscaped area, and shall include trees, continuous hedges, and ground cover, but not lawn grass.
Where sufficient depth exists, this area shall also include a combination of colorful groundcover plants (annuals may be supplemental to other groundcover plants but not be a substitute)
and a minimum of two colorful shrub species planted in a continuous row or in clusters beginning at the project entrance or corner.
c. Trees are required at the rate of one (1) per thirty (30) linear feet of perimeter strip, and may be either grouped or uniformly spaced. Trees required may be planted a maximum
of twelve (12) feet from the property line.
d. Shrubs shall be planted eighteen (18) inches on center or tip-to-tip (whichever is most intense) in perimeter strips to form continuous screen hedges. Hedges shall be allowed
to grow and shall be maintained at a height of two and one-half (2 1/2) to three and one-half (3 1/2) feet. Decorative screen walls may be installed in lieu of hedges.
e. Landscaped area edges adjacent to vehicular use areas shall be protected by upright curbs or wheel stops.
f. Trees and shrubs shall not be installed to conflict with utility easements.
g. Landscape strip requirements may be waived along a common property line where an approved landscape strip exists on the adjacent property, in which case additional plantings or
amenities shall be required to be installed in other suitable locations on the site.
h. Perimeter screen hedge require-ments may be waived along the common property line where abutting property owners provide shared parking spaces, shared public access or other shared
public amenities.
i. Mulch other than Cypress shall be used and maintained for landscaping purposes.
2. A landscape screen of at least seven (7) feet in width shall be comprised of the following elements:
3. Interior parking landscaping. Landscaping is required to be located within the interior or parking areas, and shall meet the following minimum requirements:
a. Interior landscaped areas shall calculate to at least twenty (20) square feet of landscaping for each parking space not abutting the perimeter landscape strip, excluding spaces
in parking garages.
Required square footage of interior landscaping may be reduced to ten (10) square feet for each parking space, provided that at least one (1) shade tree is installed per four (4)
interior parking spaces, in accordance with the requirements of sub-section B.1.a. of this section.
b. At least one (1) tree shall be installed for every 10 parking spaces.
c. Grass may be installed as ground cover where the individual landscaped area is at least two hundred (200) square feet.
d. Landscaped area edges adjacent to vehicular use areas shall be protected by upright curbs or wheel stops.
4. Railroad buffer strip landscaping. Properties adjacent to the F.E.C. Railroad right-of-way are required to have a landscape buffer strip along the right-of-way.
The landscape buffer strip shall meet the following minimum requirements:
a. Landscaped buffer strips shall be at least five (5) feet wide.
b. Living plant materials shall cover at least seventy (70) per cent of the required landscaped area, and shall include trees, shrubs and ground cover, but not lawn grass.
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c. Small trees shall be planted no greater than fifteen (15) feet on center along the buffer strip.
d. Shrubs shall be planted to form a continuous dense screen hedge. The shrubs shall be maintained to grow to their full natural height.
e. Shade trees shall be planted no closer than twenty (20) feet to the railroad right-of-way.
5. Entrance treatments. Parking area entrances and pedestrian building entrances shall be given special treatment consideration in accordance with the intent of central business district
design guidelines. Landscaping at project entrances shall contain a combination of colorful groundcover plants (annuals may be supplemental to other groundcover plants but not be a
substitute) and a minimum of two colorful shrub species on both sides of entrance (if sufficient space is available), and a signature tree with a minimum of six (6) foot of clear trunk
all planted to preserve the clear sight area. The signature tree does not contribute toward the required number of perimeter trees. All trees must be standards and have a minimum clear
trunk of six feet.
6. Site signage. The base of a sign shall be enhanced with colorful groundcover plants (annuals may be supplemental to groundcover plants but not be a substitute) and a minimum of
two colorful shrub species all selected for entrance compatibility (not to be less than 2 feet in width and placed around no fewer than 3 sides). Species selection and design shall
ensure visibility to low monument signs at plant maturity. Landscaping of plaza/shopping center signs shall also include a minimum of one (1) signature tree.
7. Decorative screen walls:
a. Wall construction shall be surface textured concrete or masonry, with archi-tectural enhancements such as columns, scoring, etc.
b. Screen walls adjacent to streets and alleys shall not exceed three (3) feet in height, unless they are screening service and dumpster areas.
8. Landscaping of open walls. The provisions of this section shall apply to the front elevation wall and two side elevation walls (and rear elevations where visible from adjacent
rights-of-way) of all commercial or non-residential buildings (excluding industrial uses with exposure limited to local streets) where that portion of the base level void of windows,
awnings, and doorways exceeds 25 lineal feet, or where otherwise recommended by the Director for minimal aesthetic improvement. Foundation landscaping shall be placed in a strip of
land not less than five (5) feet wide and shall include a continuous colorful shrub and groundcover compatible with perimeter landscaping (rights-of-way), or a minimum 10 foot wide cluster
of the same plants spaced a maximum of 15 lineal feet apart. Foundation landscaping may be placed abutting the wall or planted in a separate planter no farther than 20 feet from the
wall of larger projects or shopping centers. Height of trees when planted shall be a minimum of 1/2 building height at the 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.
9. Service areas and dumpsters:
a. Dumpsters shall be placed on a concrete pad, of at least one hundred (100) square feet.
b. Service areas and dumpsters shall be screened from view by walls at least six (6) feet high, landscaped with shrubs and/or vines.
10. Parking area lighting. Parking area lighting units shall be installed and shall be:
a. Designed to provide at least an average of one (1) footcandle at ground level.
b. Located to not reflect directly onto adjacent property.
c. Indicated on the landscape plan, and specified on the drawings.
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d. Energy efficient, high pressure sodium.
11. Pedestrian lighting. Pedestrian lighting units shall be installed and shall be:
a. Designed to provide at least an average of three-quarters footcandle at ground level.
b. Located to not reflect directly onto adjacent property.
c. Indicated on the landscape plan, and specified on the drawings.
d. Energy efficient, metal halide.
12. Pedestrian walkways. Pedestrian walkways shall be installed, and shall be in accordance with the intent of the central business district design guidelines.
13. Exterior furnishings. Exterior fur-nishings to be installed, including seating, fountains, garbage receptacles, sculpture, bollards, drainage gratings and related items shall
be indicated on the landscape plan and be specified on drawings.
14. Curbs, wheel stops and stall marking. Curbs, wheel stops and stall marking shall be indicated on the landscape plan and be specified on drawings.
15. Visibility. When a driveway intersects a public right-of-way, or when the property abuts the intersection of two (2) public rights-of-way, landscaping within the areas described
in a. and b. below shall allow cross visibility between three (3) feet and six (6) feet above grade level. Trees may be permitted provided they do not create a traffic hazard and are
trimmed to allow the required visibility.
a. The rectangular areas of property on both sides of a driveway formed by its intersection with the public right-of-way for fifteen (15) feet in length along the right-of-way and
five (5) feet in width.
b. The triangular area of property abutting the intersection of two (2) public rights-of-way, with the two (2) sides abutting the rights-of-way each being twenty (20) feet.
c. Shrubs and ground cover in land-scaped parking areas shall be maintained so as to be no higher than three (3) feet within five (5) feet of a driveway.
B. Planting specifications. Plant materials shall be Florida No. 1 or better as specified in the current "Grades & Standards for Nursery Plants," State of Florida, Department of Agriculture,
and shall meet the following minimum requirements when installed:
1. Shade trees:
a. Shade trees shall be at least twelve (12) feet high, with a seven-foot spread, a three-inch caliper trunk diameter measured six (6) inches above grade, and have six (6) feet of
clear wood.
b. Shade trees to meet the minimum requirements for parking areas shall be selected from the approved species list in the central business district design guidelines.
c. Shade trees shall be installed to meet the following minimum requirements:
(1) Shall be planted in area with at least a three-foot wide minimum dimension.
(2) Shall be protected by an upright curb or wheel stop if within three (3) feet of a vehicular surface.
(3) Center of tree trunk shall be in line with the center of line denoting edge of parking space if within three (3) feet of a parking space.
2. Signature trees. A signature tree is a tree with blossoms or natural color other than green intended to beautify project entrances and contribute to the city's image with this
element of aesthetic uniformity. Signature trees include Yellow Elder, Tibouchina Granulosa, and Bougainvillea.
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3. Small trees. Small trees, to meet the minimum requirements for F.E.C. Railroad buffer, shall be at least eight (8) feet high, with a five-foot spread, multi-trunk, and shall consist
of the following species:
Wax Myrtle - Myrica cerifera
Sea Grape - Coccoloba uvifera
Bottle Brush - Callistemon rigidus
4. Shrubs:
(a) Shrubs shall be at least three (3) gallon container, twenty-four (24) inches high, with an eighteen (18) inch spread, planted eighteen (18) inches on center.
(b) Shrubs shall meet the minimum requirements for screen hedges and F.E.C. Railroad buffer. Shrubs and hedges shall be a minimum of twenty-four (24) inches in height, twenty-four
(24) inches in spread and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site and be selected from the following species:
Japanese Privet - Ligustrum japonicum
Sandankwa Viburnum - Viburnum suspensum
Coco Plum - Chrysobalanus species
5. Vines. Vines shall be at least two (2) feet high, and shall be planted not more than five (5) feet on centers.
6. Ground cover. Ground cover shall be at least one-gallon container, with a twelve-inch spread, and shall be planted not more than twelve (12) inches on center.
7. Lawn grass. Lawn grass shall be St. Augustine turf grass, and only sod shall be planted.
8. Additional Plantings. After the minimum requirements have been met using the required species, other species may be planted as additional landscaping.
9. Prohibited species. The following species shall not be planted:
Australian Pine - Casaurina equisetifolia
Brazilian Pepper - Schinus terebinthifolius
Cajeput Melaleuca - Melaleuca leucadendra
Fichus - Fichus species
10. Native vegetation. At least ninety (90) per cent of shade and small tree species installed shall be native vegetation.
11. Mulch and ground cover other than living plantings. Planting beds and trees shall be mulched to a depth of at least two (2) inches. Mulch other than Cypress shall be used and
maintained for landscaping purposes.
12. Lake areas (retention ponds excluding city-operated) in excess of one acre in area shall be planted to create a habitat that provides the optimal environment for aquatic and other
species. Lakes provided for new construction or major modifications of existing projects shall be planted as follows:
a. To occupy a minimum of 50% of lake perimeter with littoral plantings;
b. To consist of a minimum of 10 square feet of littoral shelf per linear foot of lake;
c. To consist of a minimum of 1 native tree per 50 feet of linear lake frontage; and
d. All vegetation installed contiguous to each other, minimum 3:1 bank slope, 100% appropriate native vegetation, installed with proper spacing and for full coverage of littoral shelf
areas.
All littoral and upland plantings established consistent with these standards shall be maintained in accordance with a management plan approved by the city at the time of site plan
approval or permitting.
(Ord. No. 97-26, § 1, 7-1-97; Ord. No. 00-51, § 2, 10-4-00)
Sec. 10. Reserved.
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ARTICLE IV. ENVIRONMENTALLY
SENSITIVE LANDS
Sec. 1. Permitting requirements, environmental
protection.
The purpose of this section is to preserve and protect the values and functions of environmentally sensitive lands from alterations that would result in the loss of these lands or significant
degradation of their values and functions. An environmental impact statement shall be submitted with all applications for site plan or subdivision approval and such statement shall
address and identify any and all endangered, threatened and rare species and species of special concern as defined in Section 2.C herein below as well as areas of concern set forth in
the Palm Beach County Wellfield Protection Ordinance. If none exist, the applicant must so state and provide support documentation to the planning department.
Sec. 2. Definitions.
As used in this article, the following words and terms shall have the meaning ascribed thereto:
A. Alteration: Any activity which results in the modification, variation or transformation of environ-mentally sensitive lands, including but not limited to placement of vehicles,
structures, debris, or any other material objects thereon, introduction or injection of water or other substance, and removal, displacement or disturbance of plant or animal species,
soil, rock, minerals or water.
B. Ecosystem: An assemblage of living organisms (plants, animals, microorganisms, etc.) that functions as a dynamic whole through organized energy flows.
C. Endangered, threatened and rare species and species of special concern: Species listed as endangered, threatened, rare or of special concern by one (1) or more of the following
agencies:
1. U.S. Fish and Wildlife Service.
2. Florida Game and Fresh Water Fish Commission.
3. Florida Committee on Rare and Endangered Plants and Animals.
4. Florida Department of Agriculture.
5. Treasure Coast Regional Planning Council.
D. Environmentally sensitive lands: Ecological sites (ecosites) representing high quality native Florida ecosystems.
E. Native Florida Ecosystems: A self-organized ecosystem of a type existing in Florida prior to European colonization and containing predominantly native species.
Sec. 3. Review procedures for proposed land
alterations.
All applications for site plan or subdivision approval where proposed alterations of environmentally sensitive lands occur shall be reviewed by the technical review committee (TRC)
for evaluation. The evaluation by the TRC of any proposed alteration of lands found to be environmentally sensitive shall be based on an environmental study completed by the property
owner or his or her designee. This study shall include, but not be limited to, the following information.
A. Site conditions:
1. Site location map - with the specific property clearly indicated.
2. Aerial photograph - with the specific property clearly indicated (scale: one {1} inch equals six hundred {600} feet or less).
3. Detailed map of existing terrestrial and aquatic vegetation, including exotic species within 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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4. Soil types and conditions.
5. List of endangered, threatened and rare species and species of special concern found on the site.
6. Colonial bird nesting or roosting areas or areas in which migratory species are known to concentrate.
7. Archaeologically and/or historically significant features.
8. Geologically significant features.
9. Areas of previous disturbance or degradation, including present and past human uses of site.
10. Surrounding land uses.
B. Project designs:
1. Conceptual footprint of site development, including buildings, roadways, parking areas, utilities, water features, flood control structures, stormwater systems, wellfield locations,
landscaped areas, buffer areas, preserve areas, and other open space areas, as an overlay to vegetation mapping detailed in Section 3.A.3 above.
2. Existing zoning.
3. Status of development approvals, including permit applications.
C. Project operation:
1. Description of proposed operations to be performed on the site including use, storage, handling or production of substances known to be harmful to humans, plants and/or animals.
2. Identification of any pollutants expected to be emitted during project operation.
3. Identification of timing and source of noise and/or vibration impacts on resident and adjacent human and animal life.
D. Project alternatives:
1. Discussion of project alternatives should be provided, including options considered and rejected and the rationale for rejection of each option considered.
2. Mitigation considerations should be discussed in detail as they relate to possible loss of habitat or impact on endangered, threatened or rare animal and plant species, or species
of special concern.
Sec. 4. Review schedule.
Any additional information determined to be required by the TRC must be requested by the TRC within thirty (30) days of receipt of the above information. Upon receipt of the above
information, the TRC shall have thirty (30) days in which to complete its evaluation of environmental impacts. The TRC will then have thirty (30) days to make its determination concerning
conditions of approval for the development to the planning and development board. The planning and development board shall review the determination of the TRC at its next regularly
scheduled meeting. The planning and development board shall accept or amend, as necessary, the determination of the TRC.
Sec. 5. Appeals.
Any aggrieved person may appeal as outlined in Chapter 1, Article VII. The following standards shall be addressed by the appellant in his written request:
A. Whether the subject property is an environmentally sensitive land or contains endangered, threatened and rare species and/or species of special concern in accordance with the definitions
set forth in Sections 2.C and D; and
B. Whether the conditions placed on the development application are reasonable and represent sound environmental practices necessary to mitigate possible harmful impacts upon the subject
property
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and are necessary in order to protect the health, safety and welfare of the citizens of the City of Boynton Beach.
(Ord. No. 96-57, § 5, 1-21-97)
Sec. 6. Preservation of natural resource sites.
A. Prior to the development of any land which 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 communities 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 location 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 addition 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 outside 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
subject to the twenty-five (25%) percent preserve area set aside notwithstanding subdivision into smaller parcels. In the event of subdivision or partial development, the first parcel
seeking development shall be required to satisfy the twenty-five (25%) percent reserve area set aside.
(Ord. No. 96-30, § 1, 5-21-96)
Secs. 7 - 11. Reserved.
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