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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. dj 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. e CJ 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. ae 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. bt Located to not reflect directly onto adjacent property. 10. Co 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: ae 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. e 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. DJ 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