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ORDINANCE t:aat0-,,6'/
ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 7.5,
ARTICLE II AND ARTICLE m OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
BOYNTON BEACH, ENTITLED "LANDSCAPE CODE" AND
"CENTRAL BUSINESS DISTRICT LANDSCAPE CODE"
RESPECTIVELY; PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, it has come to the attention of the City Commission of the City of
Boynton Beach that an amendment to "Chapter 7.5, Article II, the "Landscape Code" and
Article m, the "Central Business District Landscape Code" is necessary to clarify certain
provisions of that Chapter; and
WHEREAS, upon recommendation of staff, the City Commission has determined
that it is in the best interest of general welfare to the citizens and residents of the City to
provide the clarifications; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. The foregoing "WHEREAS" clauses are tree and correct and hereby
ratified and confirmed by the City Commission.
Section 2. That Chapter 7.5 Article II, the "Landscape Code" and Article III,
the "Central Business District Landscape Code" is hereby amended by adding the words
and figures in underlined type and by deleting the words and figures in struck-through type,
as follows:
SEE COMPOSITE EXHIBIT 'A'
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Section 3. That each and every other provision of the Code not hereinbefore
specifically amended shall remain in full force and effect as previously enacted.
Section 4. All laws and ordinances applying to the City of Boynton Beach in
conflict with any provisions of this ordinance are hereby repealed.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 fi.~'~'f. ,2000.
SECOND, FINAL READING AND PASSAGE this ,t/day of f_~ , 2000.
ATTEST:
s:c^~om) "~\\\\~!i~I~/// '
Vice Mayor
Mayor Pro -[em
ARTICLE III. CENTRAL BUSINESS DISTRICT LANDSCAPE CODE
Section 1. Short title.
This article shall be known and may be cited as the Boynton
Beach Central Business District Landscape Code.
Section 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.
Section 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.
Section 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 existinq sites, and newly landscaped areas where
compliance with requlations does not decrease conformance with
parkin_cl re_clulations.
Compatibility with existinq landscaping. In order to maintain
compatibility with adjacent development, the city may require
where desirable, that site landscaping be desiqned similar to
adjacent or nearby property.
Section 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.
Section 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 Buildinq 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 building if any to be
served, and shall designate by name and locating the plant
material to be installed or, if existinq, 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.
Section 76. 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.
The surety shall:
A. Run to the City Commission;
manager.
Be in a form satisfactory and acceptable to the city
Specify the time for completion of the landscaping
requirements of this article as determined by the city
manager.
Section 87. 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 ordedy 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 bufferin.q/screenin.q objective of
these re.qulations. 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
existin.q 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 ori.qinal level of required density.
C B. 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 existin.q and newly landscaped properties shall
receive an initial landscapelirri.qation inspection and thereafter a
semi-annual inspection for compliance with the site visual
buffering provisions of this code. All perceived site
si.qna.qellandscape conflicts will be corrected durin.q 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 char.qed
with such violation(s) may include:
1. The owner, a.qent, 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 knowinqly commits, takes part
or asists in such violation, or
3. Any person who maintains any land, building or
premises in which such violation shall exist.
Section 98. 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. 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:
three (3) feet wide.
Landscape perimeter strips shall be at least
b. Living plant materials shall cover at least
seventy (70) per cent of the required landscaped area, and shall include
trees, shr'Jbs continuous hedges, and ground cover, but not lawn grass.
Where sufficient depth exists, this area shall also include a
combination of colorful .qroundcover 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 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.
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:
3.2. 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
subsection B. 1 .a. of this section.
b. At least one (1) interior tree shall be installed
for eaeh-ene ~-,
~ eve~ 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.
4,3. 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:
(5) feet wide.
Landscaped buffer strips shall be at least five
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.
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.
54. 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. LandscapinR at proiect entrances shall contain a
combination of colorful Rroundcover plants (annuals may be
supplemental to other qroundcover 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 siqnature 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 flroundcover 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 foot in width and placed around
no fewer than 3 sides). Species selection and design shall ensure
visibility to Iow monument signs at plant maturity. Landscaping of
plaza/shopping center siqns shall also include a minimum of one
(1) signature tree.
7,5. Decorative S-screen walls:
a. Wall construction shall be surface textured
concrete or masonry, with architectural enhancements such as
columns~ scorinc~, 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 buildinqs
(excludinq industrial uses with exposure limited to local streets)
where that portion of the base level void of windows, awnin_~s, 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 landscapin_~ (ri_clhts-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 larqer projects or shoDpinq centers.
Height of trees when planted shall be a minimum of t/2 buildinq
height at time of planting. Palm tree species should be slow
growing, multi-trunk, with the majority of the tree canor)v r)rovidin~
a visual barrier of the open wall. Eliqible 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.
Located to not reflect directly onto adjacent
property.
c. Indicated on the landscape plan, and
specified on the drawings.
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.
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 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.
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 landscaped
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
proiect entrances and contribute to the city's image with this
element of aesthetic uniformity. Signature trees include Yellow
Elder, Tibouchina Granulosa, and Bougainvillea.
32. 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
43. 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 to meet the minimum requirements
for screen hedges and F.E.C. Railroad buffer..,,o~"~',~,,, 5c ct ,,.,.,.,,1~'"o* *',,,..,, .... ,,~+"-
~ Shrubs and hedges shall be a minimum of ~enty4our (24)
inches in height, ~enty4our (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:
suspensum
Japanese Privet-Ligustmm japonicum
Sandankwa Viburnum -Viburnum
Coco Plum - Chrysobalanus species
54 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.
7'6. Lawn grass. Lawn grass shall be St. Augustine turf
grass, and only sod shall be planted.
87-. Additional Plantings. After the minimum
requirements have been met using the required species, other species
may be planted as additional landscaping.
98.
be planted:
Prohibited species. The following species shall not
Australian Pine - Casaurina equisetifolia
Brazilian Pepper -Schinus terebinthifolius
Cajeput Melaleuca - Melaleuca leucadendra
Fichus - Fichus species
10cJ. Native vegetation. At least ninety (90) per cent of
shade and small tree species installed shall be native vegetation.
11-1-0. 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.
(Ord. No. 97-26, § 1, 7-1-97)
12. Lake areas (retentio, n ponds excludinq 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 existinq projects shall be planted as follows:
a. To occupy a minimum of 50% of lake perimeter with littoral
plantin_~s;
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 veqetation installed contiquous to each other, minimum 3:1
bank slope, 100% appropriate native ve.qetation~ installed with
proper spacing and for full coverage of littoral shelf areas.
All littoral and upland plantinqs established consistent with these
standards shall be maintained in accordance with a manaqement
plan approved by the city at time of site plan approval or
permittinq.
Section 109. Reserved.
~\CH\MAIN\SHRDATA\Planning\SHARED~WP\SPECPROJ~Regulations\Landscaping Regs\CBD Landscape Code Rev.2.doc
ARTICLE II. LANDSCAPE CODE
Section 1. Short title.
This article shall be known and may be cited as the "Boynton Beach
Landscape Code."
Section 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.
Section 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.
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 hedqe plants placed on
the outside of the wall and spaced every 10 lineal feet. other required
elements.
b. A landscape barrier is a near solid element
combining a wall and/or natural veqetation 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 storaqe 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 tree species planted tip-to-tip in two or more
sta.q.qered 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, Gei_cler
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 a 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.
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.
Section 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.
Section 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 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 bufferinq
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 folia~e
durin.q the first .qrowing year, and must be maintained to continue the
bufferinR/screeninR objective of these regulations. Trees shall not be
thinned nor canopy raised to an unnatural extent. All existinR and
newly installed trees must be maintained in accordance with standards
of the National Arborists Association. All existinq 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 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 feet (12') overall in height when planted, with a minimum caliper of
3 inches ~' - "n,~ ............~ ;,.,,,,,,,~,~,.+~,1,, .~,~r ,-,~,.,,+.',,,-, A signature
~.~" I v~.~, '~1'"~ '-'1~' v,.~, i-,,~.,, ,-,, ,~.
tree is a tree with blossoms or natural color other than green intended
to beautify proiect entrances and contribute to the city's imaqe with this
element of aesthetic uniformity. Signature trees include Yellow Elder,
Tibouchina Oranulosa, 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. ..,......,
' ' d nc!ohs
,,v~ ~/ ~v~ ~.~ ~. ~., ~.v~.v.,~ ~,.~ ,,vv ~] . b ~ ~,,~ ,~, v.,, v v
FichusAurea :',--;,~o Strangler
~ 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 normative 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 spacinq measured immediately after
planting to adequately cover the planted areas on the site. Shrubs and
,, ,~.,,,,,,,~,, ~. vs~,,~v~,, ~ ,vi ,.,v,a~ ~,, ,,~,~,,~ ~,,~ ~v ~} .v~
nl~n~;n~
5. Vines. Vines shall be a minimum of ~o (2) foet in height
immodiatoly a~or plantino and may bo usod in conjunction with fences,
scroons or walls to moot physical barrior roquiromonts as spocified and bo 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 in 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 landscal~in_q 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 or structure from any abutting right-of-way, excluding
dedicated alleys to the rear of building, there shall be provided k3RdeeacP~ a
strip of land at least seven (7) feet in width "-"~*~"~......~................,~'"*' ...... *~'~'., ,...~.......,°~" '**;"",~
o~.~ .... ~ .~+ ~,.~o, ...... /?~ ~"'-*; .... ;'"+~' o~'o" between such area and such
right-of-way. This strip of land shall be comprised of the followinq
elements:
The first outside layer shall be a combination of colorful .qroundcover
plants (annuals may be supplemental to other .qroundcover 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 beinq a minimum of five (5) feet wide) (excludinq properties
zoned M-1 that front on local streets). For sides of property with linear
distances less than 40 feet, the first layer plants shall only be required
at project corners. The next layer shall consist of a continuous hedqe
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 bufferinq as
recommended by the Director). a ~'~"imu m '-'~.., ..,"" ~',.. * '~'"., .... ~..,, ..... .......h. ~.. ~.,,~, 'J ~tAm' "~
linool f~o',' ,"sr' ~cr,'~,",'l'inn 'l'h,~r,~,nf ¢~, ,nh 'l'r~,~,o oholl ho In,--,'~'l',~,-I h~fl,~,~,~,n ','h,~
E. Buffer requirements. P"';""'~*~" "~"'~ .... ; .... ~o,;,~, ~,-,
~,,,~; ....... ~;-o 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 zoninq
district abuts a residential zoning district, this planting strip shall not
be less than 5 feet in depth between commercial and residential zonino
districts and 15 feet in depth between industrial and residential zoninq
districts, and include a minimum of one tree planted for every of 30
linear feet of property. Where the hedqe and tree requirements are met
on one property, only the green space width shall be required for the
abutting [~roDertv in ~ ""~"*;"" °*";"' ~'~ nc* '~oo
~/'~ ~"*; .... ;'~*~' The provisions of this subsection shall not be applicable
~Nwhen 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 ~'"" k,,,.,~.,,,,4/cnn'~ ~,~-~- ,-.,-
.............. ~..,..,., / cq-' -' ~,"~ ......
~-.-,-*.',-,,, *~, .... ~: ,-~ ..... ;-~,,~ ",,*~,';,--,,,., ,... '-~,,,~,~ ..... '~ .... . 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 six (6) 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 that three (3) feet from the
edge of any accessway pavement. The triangular areas above referred to
are:
1. The areas of property on both sides of an accessway
formed by the intersection of each side of the accessway 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 development director) 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.
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.
(Ord. No. 96-57, § 2, 1-21-97)
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 buildin.qs (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 landscapinR shall be placed in a strip of land
not less than five (5) feet wide and shall include a continuous colorful
shrub and flroundcover compatible with perimeter landscapin_~ {ri_~hts-
of-way), or a minimum 10 foot wide cluster of the same plants spaced a
maximum of '15 linear feet apart. Foundation landscapin~ 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. Heic~ht of
trees when planted shall be a minimum of t/2 buildin~ height at time of
planting. Palm tree species should be slow growing, multi-trunk, with
the maiority 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-l, this requirement shall only apply to facades
oriented toward abuttin~ street.
N. Project entrance. Landscaping at project entrances shall
contain a combination of colorful .qroundcover plants (annuals may be
supplemental to other .qroundcover plants but not be a substitute) and
a minimum of two colorful shrub species on both sides of 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) foot of
clear trunk all planted to preserve the clear sight area. The siqnature
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.
0. Site siqna.qe. The base of a siqn shall be enhanced with
colorful .qroundcover plants (annuals may be supplemental to other
.qroundcover 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 foot in width and placed around no fewer than 3 sides).
Species selection and desiqn shall ensure visibility to Iow monument
si.qns at plant maturity. Landsca~in_~ of ~laza/shor~in_~ center si.~ns
shall also include a minimum of one (1) signature tree.
P. Native species. Upon meetinq the requirements of other
sections of the landscape code, fifty (50) percent of site landscape
materials must be native species.
Q. Compatibility with existinq landscaping. In order to
maintain compatibility with adjacent development, the city may require
where desirable, that site landscaping be desiqned similar to adjacent
or nearby property.
R. Upland buffer/Littoral Plantinqs. 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
fronta_~e:
4. All veqetation installed contiquous, at a minimum 3:1 bank slope,
100% appropriate native vegetation, installed with proper spacing
for full coveraqe of littoral shelf areas.
All littoral and upland plantings established consistent with these
standards shall be maintained in accordance with a manaqement plan
approved by the city at 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
easement so that roots and branches do not impact existing utilities
unless approved by the Utilities Director and consistent with plantinq
guidelines of Florida Power & Light Utility. (see Chapter 7.5, Art. I, Sec.
18.1).
Section 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 building if any to be served, and shall
designate by name and locating 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 landscapinq permit..~"... ~''.,..,,.~,.'a'~;''''.~
r~z~rr~;~ ~r ,~r+;~;~o~ ,.~c ,~, ,r~r~, oi,~11 h,~ ;oo, ,~rl ~c~r o, ,~h ~, ,;l~;n~ ~r ~;n~
,,~ ....... ~ ,~o~o~ ~,~, ~o~ .... ,;~o with m ...... ;o;~ ~.~;~ All
inspections to determine compliance with the approved site plan shall be
conducted by the development depa~ment.
Section 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. Run to the City Commission.
B. Be in a form satisfactory and acceptable to the city manager.
C. Specify the time for the completion of the landscaping
requirements of this article as determined by the city manager.
Section 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.
Applicability. These reRulations apply to new construction, major
modifications to existing sites, and newly landscaped areas where
compliance with reRulafions does not decrease conformance with
parking regulations. These requlafions shall apply to all zoninR
districts except planned zoninq districts, and as noted herein except for
detached single-family homes or duplexes.
B. Landscaping within PUD, PCD and PID Zoninq Districts.
Planned zoninq districts are intended to allow for flexibility in required
landscapin.q but shall meet the intent of these regulations re_clardin_cl
perimeter, entrance~ siqna_cle and buildinq landscaping; lake plantin_tis;
planting specifications and methods; and signature trees.
Section 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.
Section 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.
B. Violation and penalties for non-compliance of required
landsca~3in~ {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.