O85-26ORDINANCE NO. ~-~
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 7.5. ENVIRONMENTAL REGULATION. OF
THE CODE OF ORDINANCES OF THE CITY OF BOYNTON
BEACH, FLORIDA, BY ADDING A NEW ARTICLE III.
CENTRAL BUSINESS DISTRICT LANDSCAPE CODE,
SETTING FORTH A SHORT TITLE, PURPOSE CLAUSE,
DEFINITIONS, APPLICATION OF SAID CODE,
REQUIRING THE SUBMITTAL AND APPROVAL OF
LANDSCAPE PLANS, A PERFORMA~CE SURETY,
REQUIRING MAINTENANCE AND IRRIGATION, AND
SETTING FORTH LANDSCAPE REQUIREMENTS THROUGHOUT
THE CENTRAL BUSINESS DISTRICT; PROVIDING THAT
EACH AND EVERY OTHER PROVISION OF CHAPTER 7.5.
ENVIRONMENTAL REGULATION. SHALL REMAIN IN FULL
FORCE AND EFFECT AS PREVIOUSLY ENACTED;
PROVIDING AUTHORITY TO CODIFY; PROVIDING A
CONFLICTS CLAUSE, A SEVERABI~TY CLAUSE, AND
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1: Chapter 7.5. Environmental Regulation. of
the Code of Ordinances, City of Boynton Beach, Florida, is hereby
amended to add a new Article III. CENTRAL BUSINESS DISTRICT
LANDSCAPE CODE, which shall read as follows:
ARTICLE III. CENTRAL BUSINESS DISTRICT LANDSCAPE CODE
Sec. 75-50. Short title.
This Article shall be known and may be cited
as the Boynton Beach Central Business District
Landscape Code.
Sec. 75-51. Purposes.
The purposes of this Ordinance 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.
Sec. 75-52. Definitions.
Definitions under Article I. Sec. 7.5-3 and Article
II. Sec. 7.5-33, shall apply to terms as used in
this Article and the following definition shall
also apply:
TREE PROTECTION - Treatment of all
existing trees shall comply with
Article I, Sec. 7.5-1 - 7.5-30 of
the City of Boynton Beach Code of
Ordinances (Tree Preservation).
Sec. 75-53. Applicability of the Central Business
District Landscape Code.
This Ordinance shall apply concurrently and in
direct relation to the requirements of the Central
Business District regulations of the Zoning Ordinance.
Sec. 75-54. Central Business District Landscape Plan
to be submitted, review and approval requir~
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 City Planner in
accordance with the provisions of Article V.
Central Business District Review and Approval,
Sections 19-60 to 19-72 inclusive.
Sec. 7.5-55. Performance surety.
In the event that the landscaping requirements
of this Ordinance have not been met at the time
that a Certificate of Occupancy could otherwise
have been granted, and said Certificate is
requested by the developer, the City shall enter
into an agreement with the owner that the
provisions and requirements of this 'Ordinance 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. The surety shall:
1. Run to the City Council.
Be in a form satisfactory and
acceptable to the City Manager.
Specify the time for completion of
the landscaping requirements of this
Ordinance as determined by the City
Manager.
Sec. 7.5-56. Maintenance and irrigation.
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.
Ail planted areas and trees shall be irrigated
by an automatic irrigation water supply system,
which shall be maintained in good working condition.
Sec. 7.5-57. Central Business District Landscape
requirements.
Development in the Central Business District
shall conform to these minimum landscape requirements,
and where possible shall conform with recommendations
of the Central Business District Design Guidelines.
A. LANDSCAPED AREAS
1. Perimeter strip landscaping.
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:
b,
Landscape perimeter strips shall be
at least three (3) feet wide.
Living plant materials shall cover at
least seventy (70%) per cent of the
required landscaped area, and shall
include trees, shrubs, and around
cover, but not lawn grass.
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.
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Shrubs shall be planted eighteen (18)
inches on center 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%) to three and one-half (3%) feet.
Screen walls may be installed in lieu
of hedges.
Landscaped area edges adjacent to vehicular
use areas shall be protected by upright
curbs or wheelstops.
Trees and shrubs shall not be installed to
conflict with utility easements.
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.
Perimeter screen hedge requirements may
be waived along the common property line
where abutting property owners provide
shared parking spaces, shared public
access or other shared public amenities.
Interior parking landscaping.
Landscaping is required to be located within
the interior of parking areas, and shall meet
the following minimum requirements:
Se
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 Section B.l.c. of this
Ordinance.
At least one (1) tree shall be installed
for each one hundred (100) square feet of
required interior landscaped area.
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Grass may be installed as ground cover where
the individual landscaped area is at least
two hundred (200) square feet.
Landscaped area edges adjacent to vehicular
use areas shall be protected by upright
curbs or wheelstops.
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:
Landscaped buffer strips shall be at least
five (5) feet wide.
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.
Ce
Small trees shall be planted no greater
than fifteen (15) feet on center along
the buffer strip.
Shrubs shall be planted to form a continuous
dense screen hedge. The shrubs shall be
maintained to grow to their full natural
height.
Shade trees shall be planted no closer than
twenty (20) feet to the railroad right-of-way.
4. 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.
Screen walls.
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Wall construction shall be surface textured
concrete or masonry.
Screen walls adjacent to streets and alleys
shall not exceed three (3) feet in height,
unless th~ey are screening service and
dumpster !areas.
Service areas and dumpsters.
at
Dumpsters shall be placed on a concrete pad,
of at least one hundred (100) square feet.
Service areas and dumpsters shall be screened
from view by walls at least six (6) feet
high, landscaped with shrubs and/or vines.
7. Parking area lighting.
Parking area lighting units shall be installed
and shall be:
at
Designed tO provide at least an average of
one (1) ~oot candle at ground level.
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Located to not reflect directly onto
adjacent property.
10.
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Indicated on the landscape plan, and
specified on the drawings.
d. Energy efficient, high pressure sodium.
8. Pedestrian lighting.
Pedestrian lighting units shall be installed
and shall be:
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Designed to provide at least an average of
three-quarters (3/4) foot candle at ground
level.
Located 'to not reflect directly onto
adjacent property.
Indicated on the landscape plan, and
specified on the drawings.
d. Energy efficient, metal halide.
9. Pedestrian walkways.
Pedestrian walkways shall be installed, and shall
be in accordance with the intent of ~he Central
Business District Design Guidelines.
Exterior furniShings.
Exterior furnishings 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.
11. Curbs, wheelstops and stall marking.
Curbs, wheelstop and stall marking shall be
indicated on the landscape plan and be specified
on drawings.
12. 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.
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.
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.
Ce
Shrubs and ground cover in landscaped
parking areas shall be maintained so as
to be no higher than three (3) feet within
five (5) feet of a driveway.
5
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:
Shade trees·
Shade trees shall be at least twelve (12)
feet high, with a seven (7) foot spread,
a three (3) inch caliper trunk diameter
measured six (6) inches above grade, and
have six (6) feet of clear wood.
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.
Shade trees shall be installed to meet the
following minimum requirements:
Shall be planted in area with at least
a three (3) foot wide minimum dimension.
Shall be protected by an upright curb
or wheelstop if within three (3) feet
of a vehicular surface.
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. Small trees.
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Small trees to meet the minimum requirements for
F.E.C. Railroad buffer shall be at least eight (8)
feet high, with a five (5) foot spread, multi-
trunk, and shall consist of the following
species:
Wax ~yrtle -
Sea Grape -
Bottle Brush -
Myrica cerifera
Coccoloba uvifera
Callistemon rigidus
Shrubs.
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.
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Shrubs to meet the minimum requirements for
screen hedges and F.E.C. Railroad buffer
shall be at least twenty-four (24) inches
high, planted not more than eighteen (18)
inches on center, and be selected from the
following species:
Japenese Privet -
Sandankwa Viburnum -
Coco Plum -
Ligustrum japonicum
Viburnum suspensum
Chrysobalanus species
Vines.
Vines shall be at least two (2) feet high, and
shall be planted not more than five (5) feet on
centers.
6
5. Ground cover.
Ground cover shall be at least one (1) gallon
container, with a twelve (12) inch spread, and
shall be planted not more than twelve (12)
inches on center.
6. Lawn grass.
Lawn gradd shall be St. Augustine turf grass,
and only sod shall be planted.
Additional plantings.
After the minimum requirements have been met
using the requ~ired species, other species may
be planted as additional landscaping.
8. Prohibited species.
The following species shall not be planted:
Australian Pine -
Brazilian Pepper -
Cajeput Melaleuca -
Ficus -
9. Native vegetation.
Casaurina equisetifolia
Schinus terebinthifotius
Melaleuca leucadendra
Ficus species
At least ninety (90%) per cent of shade and
small tree species installed shall be native
vegetation.
10. Mulch and ground cover other than living plantings.
Planting beds and trees shall be mulched to a
depth of at least two (2) inches.
Section 2: Each and every other provision of Chapter
7.5. Environmental Regulation. shall remain in full force and
effect as previously enacted.
Section 3: Specific authority is hereby given to
codify this Ordinance.
Section 4: All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 5: Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 6: This Ordinance shall become effective
immediately upon passage.
FIRST READING this ~/~ day of ~ ,
!
1985.
/ECOND READING and FINAL
~/"/ , 1985.
PASSAGE this /~day of
ATTEST:
(Seal)
CITY OF BOYNTON BEACH, FLORIDA
COUNCIL ~BER
COUNCIL MEMBER