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O81-22ORDINANCE NO. 81 ~ ~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, A~ENDING THE CODIFIED ORDINANCES OF SAID CITY BY AMenDING CHAPTER 7A BY CREATING ARFICLE II, THE BOYNTON BEACH LANDSCAPE CODE; PROVIDING FOR A SHOR~ TITLE: DECLARING PURPOSE AND INTENT: PROVIDING FOR CONSTRUCTION OF .LANGLIAGE AND DEFINITIONS: PROVIDING FOR LANDSCAPING REQUIREMENTS FOR CERTAIN YARD AREAS AND OFFSTREET PARKING AND OTHER VEHICULAR USE AREAS; PROVIDING REQUIRED LANDSCAPING AD3A~ ~TO PUBLIC RIGh~S- OF-WAY: PROVIDING FOR PERIMETER ~ING RELATING ~ ABUITING PROPERTIES; PROVIDING FOR REQUIRED ~CAPING FOR ACCESSWAYS; PROVIDiNG FOR SIGHT .DISTANCE FOR LANDSCAPING AD3ACENT TO PUBLIC RIGHTS-OF-WAY AND POINTS OF ACCESS; PROVIDING FOR LANDSCAPE PLAN APPROVAL; PROVIDING FOR PERFORMANCE SURETY; PROVIDING FOR AND INTERPRETATION; PRO- VIDING FOR ] PENALTIES, AND OTHER ~. REMEDIES; TO THE BOARD OF AD3UET- SEVERABILITY; PROVIDING FOR PROVIDING FOR AN EFFECtiVE DATE AND FOR OTHER PURPOSES. NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the Code of the City of Boynton Beach, Florida, is hereby an~/~ed by amending Chapter 9A (Environmental Regulation) by creating Article II to read as follows: ARTICLE II L~k~DSC~PE COEE Sec. 7A-S0. Short Title. This ~5icle shall he known and may he cited as the Boynton Beach Landscape Code. Sec. 7A-S1. Declaration o£ Purpose and Intent. It is the purpose and intent o£ this Ordinance to improve the appearance o£ certain setback and yard areas includin9 o£f-street vehicular parkin9 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 provid/ng 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 ordinance be constructed in a manner which will reduce the demand for energy currently and in the future, since the City Council finds that the peculiar characteristics and qualities of Boynton Beach justify regulations to perpetuate the appeal of its natural visual pollution free environment. Sec. 7A-32. 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, sunm~ry table, or illustrative table, the text shall control. (3) The word· "SHATI." is always mandatory and not discretioD2~ry. 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 tb~ singular, unless the context clearly indicates (5) A "BUILDING" or "ST~3CTURE" 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 cor- poration, a partnership, an incorporated association, or any other similar entity. (8) Unless the context clearly indicates the contrary, where a regulation involves tw~ (2) or m~re 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 i%ems, con- tions, provisions, or events shall apply, -2- c. "EITHER...OR" indicates that the connected items, conditions~ provisions, or events shall apply singularly but not in combination. (9) The word ',INCLUDES" s~ll not limit the term to the specified exanlples, 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 Community Appearance 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, w~lls or fences, and decorative paving materials approved by the Building Department and the Community Appearance Board. (3) Landscape Screen or Barrier. Such screen shall be planted and maintained to fora a continuous screen of plant material within a maximum of three (3) years after time of planting. The screen or barrier may be either sheared or natural, symnetrical or asy~netrical and shall be at least four (4) feet in height but not higher than six (6) feet. Walls or fences used as landscape screens or barriers shall be constructed in accordance with the requirements of the Boynton Beach Building Code and landscaped in.accordance with the requirements set ±orth herein. (4) Encroachment. Encroach~nt is any protusion of a vehicle outside of a parking space, display area -3- or accessway into the landscaped area. There shall be no encroachment over or into any land- scaped area. Wheel stops and/or curbs shall be placed at least two (2) feet from the edge of such laD~scaped area as well as tw~ feet from any pre- served or planted tree. Where a wheel stop or curb is utilize~, the paved area between the curb and the end of the parking space may be omitted, pro- viding it is landscaped in addition to the required landscaping as provided herein. (5) Trees. Any self-supporting w~ody perennial plant which has a trunk diameter of %~D (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 ste~ 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 stem~, and usually not over ten (10) feet high at its maturity. (7) Vines. Plants which normally require support to reach mature form. Sec. 7A-34. 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 as "other vehicular uses," including but not limited to activities of a drive-in nature such as filling stations, -4- grocery and dairy stores, banks, restaurants, new and used car lots, m~i~i-family and cluster housing, and the like, shall conform to the minimum landscaping requir~nents 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 lamztscaped. Sec. 7A-35. Particular ~~ment. (a) Installation. Ail 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. (Ail elements of landscaping shall be installed so as to meet all other applicable ordi- nances and code requirements). Landscaped areas shall r~e protection from vehicular encroachment. An inspector from the City Building Department shall inspect all landscaping and no certificates of occupancy and use or similar authorization will be issued unless the landscaping meets the require- ments provided herein. (b) Maintenance. The owner, or his agent, shall be responsible for the maintenance of all landscaping which shall be maintained in good con- dition so as to present a healthy, neat, and orderly appearance and shall be kept free from refuse and debris. Ail landscaped areas shall be provided with an automatic irrigation water supply system. (c) Plant Material. (1) Quality. Plant mterials used in conformance with provisions of this Ordinance shall conform to the Standards for Florida' No. 1 or better as given in "Grades and Standards for Nursery Plants" Part 1, 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. C~ass seed shall be delivered to the job site in bags with Florida Department of Agriculture tags attached indicating the seed growers con~pliance with the Agricultural Department's quality control program. -5- (2) Trees. General Requirement. Trees shall be species having an average mature spread of crown in Boynton Beach of greater than fifteen i(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 (15) foot crown spread. Palms shall be considered trees and exempt frc~ the fifteen (15) foot crown spread'criterion. Tree species shall be a. mirdmun of ~ight (8) feet overall height immediately after planting. Trees (see list below) with roots known to cause damage to public roadways or other public w~rks shall not be planted closer than twelve (12) feet to such public improvements, unless the tree root system is com- pletely contained within a barrier for which the minimum interior dimensions shall be five (5) feet square or an equivalent and five (5) feet deep, and for which the construction requirements shall be four (4) inch thick concrete reinforced with %6 road mesh (6x6x6) or an equivalent approved by the Building Department. Nuisance Trees: (Root system problems) Ficus Altissima - Lofty Fig Ficue Aurea - Florida Strangler Fig Ficus BenjamJna - Benjamin Fig Ficus Nitida - Indialaurel Fig Ficus Elastica - indiaruhber Fig Further, the following exotic (non-native) 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: -6- (3) (4) (5) 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 non-native are: All of th~ Causarina Species. Brazilian Pepper (Florida Holly) Schenius lerebinthifolius Melaleuca (Punk Tree) Melaleuca quinquenervia. Shrubs and hedges. Shrubs and h~dges shall be a minimum of eighteen (18) inches in height and two (2) feet on the center when measured inm~diately- after planting. Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen within a maximum of one (1) year after time of planting.' 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. Ground cover. Ground covers, either vegetative or non-living, used in whole or in part shall present a finished appearance and reasonably cc~plete coverage within three (3) months after planting. However, when slow maturing ground covers are used, thay shall be mulched. -7- (6) Lawn Grass.. Grass areas shall be planted in species normally grown as permanent lawns in B~ynton Beach. Grass areas may be sodded~ plugged~ sprigged or seeded except that solid sod or other acceptsble 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. (d) Required Landscaping ~jacent 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 landscaping between such.-area and such right-of-way as follows: (1) A strip of land at least five (5) feet in width located between the abutting right-of-way and the off-street parking area or other vehicular use area which is exposed, to an abutting right-of-way shall be landscaped, such landscaping is to iD~lude a minimum of one (1) tree for each forty (40) lJ_neal feet or fraction thereof. Such trees shall be located between the abutting right-of-way and off-street parking area or other vehicular use area and shall be planted in a planting area of at least twenty-five (25) square feet with a dimension of at least five (5) ffet. In addition, a hedge, wall, or other durable landscape barrier of at least three (3) feet in height shall be placed along only the interior perimeter of such landscaped strip. If such durable barrier is .of non-living material, for each ten (10) feet thereof, one (1) shrub or vine shall be planted abutting such barrier along the street side of such barrier. The - 8- remainder of the required landscaped areas shall be landscaped with grass ground cover or other landscape treatment. (e) Perimeter Landscaping Relating to Abutting Properties. On th~ site of a bul]ding or structure or open lot use providing an off- street parking area or other vehicular use area, such area shall be pro- vided with a landscaped barrier, preferably a hedge not less than fOur (4) f~et .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 .barrier shall be located between the cc~anon lot line and the off-street parking area or other vehicular use area in a planting strip of not less than two and one-half (2 1/2) feet in width. The provisions of this subsection shall not be applicable in the following situatioD~: (1) When a property line abuts a dedicated alley. (2) Where a proposed parking area or other vehicular use area abuts an existing hedge, said existing hedge may be-used to satisfy the landscape requirements of this subsection provided tbmt said existing hedge meets all applicable standards of this ordinance. (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-five (35) f~et. 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 mi~ dimension of at least five (5) f~et and shall include -9- at least one (1) 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) for each five hundred (500) square feetor fraction thereof of required interior landscaped area. Such landscaped areas shall be located in such a manner as to divide and break up the expanse of paving. (h) Point of ~cess. When an accessway intersects a public right-of-way or when the subject property abuts the intersection of t~D (2) or ~ore 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, 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. The triangular areas above referred to are: (1) The areas of property on both sides of an accessway formsd 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 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 form~~ 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 tw~ (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 Ordinance. - 10 - (j) Landscaping and Dumpsters. All dumpsters should be placed on a' concrete pad 10' wide with an appropriate depth and be screened on three sides with a hedge which i: material should be 30" in height when plant~ In lieu of a hedge, a solid wall or fence wi~ to screen the dumpster. (k) General Landscaping for Clus Housing Developments. In addition to the la sections of this code, the following number (1) A minimum of one tree for (1,500) square feet (or fraction thereof) of are preserved on site in open conlron area s~. landscape area requirements. It is the int~ a park-like environment. This section is i~ shaded areas and an aesthetically pleasing the validity of any site plan in accordance Appearance Board shall take these factors ir (1) Four~__ ation Landscaping. Fo~ required in the front and side of each nultJ order to enhance the visual appearance of ti Sec. 7-A-36. Landscape Plan App] dwellings, prior to the issuance of any bui: Occupancy, under the provisions of this ordk Build~ng Code, a landscape plan shall be su~ C~onity Appearance Board. The landscape including dimensions and distances, and del: parking spaces, or other vehicular use area: sprinklers or water outlet locations, and ~ of all other landscape materials, the locat to be served, and shall designate by name ~ to he installed or, if existing, to be used ments b~reof. NO building permit or Certif~ - 11 - fast growing. The hedge and placed 24" on center. h accent shrubs may be used ~er and Multi-Family ~dscaping required by other Df ~rees are required for open. each one thousand five hundred developed area. Trees that ~11 receive credit against the nt of this section to create cluded in.order to create privacy, nvironment, and in determining with Sec. 7A,36, the Cc~m~tnity .to consideration. ~tation landscaping shall be -family or cluster dwelling in ~ building and to promote privacy. ~al. Ex,pt for single family .ding permit or Certificate of ~k%nce and the Boynton Beach · kitted to and approved by the ~lan shall be drawn to scale, ~eate the existing and proposed ;, access, aisles, driveways, ~e location, size and description [on and size of building if any ~d locating the plant material in accordance with the require- [cate of Occupancy shall be issued for such building or paving unless such landscape plot plan cc~plies with the provisions herein. All inspections to determine compliance with the approved site plan shall be coD~ucted by the City Building Department. Sec. 7A-37. Performance Surety. In the event that the landscaping requirements of this Ordinance 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 agre~aent approved by the City Attorney with the owner ore.his agent that the provisions and requirements of this Ordinance will be con, lied 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 huD~lred and ten percent (110%) 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 Council. B. Be in a form satisfactory and acceptable to the City Manager. C. Specify the time for the cGmpletion of the landscaping requir~nents of this Ordinance as determined by the City Manager. Sec. 7A-38. .Applicability of Landscape Ordinance and Other Requlations. This Ordinance shall apply concurrently and in direct relation to the requirements an~. regulations of the zoning Code of Boynton Beach. The provisions of this Ordinance shall apply to new or re-developed off- street parking areas, multi-family and cluster housing development, and/or modifications which result in an increase of interior square footage or exterior design except for single-family (detached) cluster homes. Sec. 7A-39. Administration and Interpretation of CDde Regu- lations and Provisions. (a) The interpretatiOn and application of the regulations and provisions of this Code by the Building Department shall be reasoDable and uniformly applied to all property within the jurisdiction of Boynton Beach. - 12 - (b) The regulations and provisions of this Code shall be held to be the mininum requirements adopted for the protection and promotion of the public health, safety, ccmfort, convenience, order, appearance, prosperity, or general welfare. (c) Whenever the regulations and require~aents 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. Sec. 7A-40. 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'Building Depaz-~h~-ent, except in compliance with the provisions of this Code or court decision. (b) The regulations and provisions of this Code shall be held to be the minimum require~_nts adoPted for the protection and prcmotion of tb~ public health, safety, comfort, convenience, order, appearance, prosperity, or general ~lfare. (c) Whenever the regulations and requirements of this Code are at variance with the requirements of any other lawfully enacted and adopted rules, regulations, ordin2mces, or laws, the most restrictive shall apply. Sec. 7A-40. Enforcement of Code Regulations and Provisions, Viola- tions, Penalties, and other Remedies. (a) Enforcement Responsibility. No building permit, Certificate of Occupancy and Use, or Certificate of Occupancy shall be granted by the Building Department, except in compliance with the provisions of this Code or court decision. (b) Violation and Penalties. 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 punishable as a misdeameaner with a fine not to exceed five hundred dollars ($500), or by imprisorm~nt for not more than sixty (60) days, or by both such fine and imprisorment. Persons charged with such violation(s) may include: - 13 - (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 Remidies. In addition to the criminal penalties and enforcement procedures provided, the City Council 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 t or (2)The occupancy and/or use of such building, structure, or parking area, or (3)The illegal act, conduct, business, or use of, in or about such premises. (d) Other ~lministrative Remedies. Building Permits and Certi- ficates of Occupancy and Use. (1) Issuance. No building permit or Certificate of Occupancy and Use shall be issued by the Building D~partment for~-any purpose except in compliance with the provisions of this Code and other-applicable ordinances and laws, a decision of the Community Appearance Board, or court decision. ( 2 ) Revocation. The Building Depar~uent may revoke a building permit or Certificate of Occupancy in those cases where an adminis- trative 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. - 14 - (3) Suspension. The Building 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 certifi- cate 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 Building 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 %o Community Appearance Board within thirty (30) days of the action that the aggrieved party wishes to appeal. Sec. 7A-41. Conmunity Appearance Board - Appeals. Appeals to the Conm~nity Appearance Board may be taken by any person aggrieved or by any officer or bureau of the governing body of the City affected by a decision of the administrative official within thirty (30) days of such decision. Sec. 7A-42. Certiorari Review to Circuit Court. Any party aggrieved by a decision of the Con, unity Appearance Board concerning this article may seek review of said decision by filing a Petition for Writ of Certiorari in the Circuit Court within thirty (30) days of the Board's decision. Section 2. Should any word, phrase, or sentence of this Ordinance be declared by a Court of competent jurisdiction to be invalid, said findings shall not affect t~ remainder of this Ordinance. - 15 - Section 3. That authority is b~ret~ granted to codify this Section 4. That this Ordinance shall take effect ten (10) days after second reading and final passage. SECOND, FINAL READING AND PASSAGE 1981. day of ~3. 1981. CITY OF BOY,IrON ~CH, FLORIDA (Corporate Seal) - 16 -