11-019
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2 ORDINANCE 11-019
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4
5 ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
6 BOYNTON BEACH, FLORIDA APPROVING AMENDMENTS
7 TO PART III, "LAND DEVELOPMENT REGULATIONS" TO
8 ADD FLORIDA-FRIENDL Y LANDSCAPING STANDARDS
9 AND PROVISIONS; PROVIDING FOR CONFLICT,
10 SEVERABILITY, INCLUSION; AND EFFECTIVE DATE.
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12
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14 WHEREAS, due to the increased need for water conservation and in connection with
15 a related strategy adopted in the City's Climate Action Plan staff has determined that
16 additional enhancements to the code are warranted; and
17 WHEREAS, the intent of these regulations is to foster a more sustainable outdoor
18 environment on developed non-residential and multi-family residential sites while taking into
19 consideration feasibility and financial impacts upon the development community, landscape
20 industry, business and property owners; and
21 WHEREAS, staff recommends the adoption of the attached revisions to the Land
22 Development Regulations as they will add Florida-friendly landscaping standards and
23 provISIOns.
24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA:
26 Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby
27 ratified and confirmed by the City Commission.
28 Section 2. That Part III, "Land Development Regulations", of the Code of
29 Ordinances of the City of Boynton Beach is hereby amended as follows:
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1 See attached Exhibit "A"
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3 Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are
4 hereby repealed to the extent of such conflict.
5 Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be
6 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no
7 way affect the validity of the remaining portions of this Ordinance.
8 Section 5. It is the intention of the City Commission of the City of Boynton Beach,
9 Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton
10 Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered
11 and the word "ordinance" may be changed to "section," "article," or such other appropriate word or
12 phrase in order to accomplish such intentions.
13 Section 6. This Ordinance shall be effective immediately after adoption by the City
14 Commission.
15 REMAINDER OF PAGE INTENTIONAL LEFT BLANK
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1 : PASSED FIRST READING this 19th day of July, 2011.
, SECOND AND FINAL READING ADOPTED this ~day of AU<3.. ,2011.
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3 i CITY OF BOYNTON BEACH, FLORIDA
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17i Commissioner - Marlene Ross
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DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 11-022
TO: Chair and Members
Planning & Development Board
FROM: Eric Lee Johnson, AICP r
Planner II
_ 1'01
1\ '0
THROUGH: Michael Rumpf' \r'J,J
Planning and Zonipg "lrector
DATE: June 21, 2011
RE: Florida-Friendly Landscaping
CDRV 11-006
OVERVIEW
The rewrite of the City's land development regulations (LDR) allowed staff to perform a
complete review and analysis of each standard, regulation, and process. As part of the
post-adoption process, staff anticipates the periodic need for, and is prepared to
expeditiously process, updates and amendments to the LDR for one or more of the
following reasons or initiatives:
1. Business and economic developlJ.lent initiatives (the attraction and
retention of businesses, and response to changes in the economic environment);
2. Sustain ability initiatives (to n1l1her general energy conservation and/or the
specific recommendations of the Climate Action Plan or for general energy
conservation);
3. Internal consistency (those amendments warranted to address identified
internal inconsistencies or errors);
4. Regulatory compliance (responses to changes in State and / or county laws
and regulations); and
5. Implementation feedback (those adjustments in standards, regulations, and
processes necessary to meet original or current objectives and vision).
1
NA TURE OF REQUEST
Amend the land development regulations by inserting Florida-friendly landscape
provisions that will be applicable to non-residential, multi-family residential, and planned
residential uses. The proposed code amendment would further the initiative for
sustain ability and implement one ofthe recommendations from the City's Climate Action
Plan (CAP), which was approved in 2010.
BACKGROUND
The City's landscaping requirements, approved with the adoption of Ordinance 10-25
(LDR Rewrite project), included several provisions that are based upon the Florida-
friendly landscape principles (e.g., drought tolerant species). Staff later concluded that
more research should be conducted on the topic and that additional enhancements to the
code would be beneficial, particularly due to the increased need for water conservation.
In fact, as of today, the South Florida Water Management District (SFWMD), which is
the governmental entity that manages water distribution to Palm Beach County and 15
other counties, recently declared a water shortage in south Florida due to what is called a
record-breaking dry season. Because of the lack of rain, the SFWMD issued general
watering restrictions which apply to homes, farms, nurseries, and golf courses located
throughout Palm Beach County. Furthermore, the SFWMD predicts that many of its
monitoring areas and data collection points will continue to experience moderate to
severe drought conditions for the remainder of this dry season.
To promote water conservation, the City's CAP contains an Implementation Strategy
(4.1.2 Water / Wastewater Facilities, Conservation and Landscape Irrigation) that states
the following:
Adopt Florida-friendly landscaping principles in the land development code,
including identification of permitted and prohibited species. Establish landscape
requirements in the City's LDR with a target of greater than 50% for new
landscaping consisting of Florida-Friendly species, including lawn grass.
According to SFWMD Interim Executive Director Tommy Strowd, "Water-smart
landscaping makes sense considering outdoor irrigation accounts for half of all potable
water use. Transforming an outdoor space into a Florida-friendly yard is a great way to
conserve water and protect regional water resources." The University of Florida's
Institute of Food and Agricultural Sciences (IF AS) helped create the nine (9) Florida-
friendly landscaping principles. The intent of these principles is aimed at reducing the
environmental impact of development by employing sustainable landscaping /
maintenance practices. The nine (9) principles are listed as follows (also see Exhibit
"C") :
1. Right Plant, Right Place
2. Water Efficiently
3. Fertilize Appropriately
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4. Mulch
5. Attract Wildlife
6. Manage Yard Pests Responsibly
7. Recycle
8. Prevent Stormwater Runoff
9. Protect the Waterfront
The Florida Department of Environmental Protection (DEP) developed a model
ordinance intended to guide the adoption of these principles. Staff reviewed the model
ordinance and used it as a guide in drafting the proposed regulations contained in Exhibit
"B." The new provisions would be inserted into the following articles of the LDR:
Chapter 1, Article II Definitions;
Chapter 2, Article III Engineering Division Services;
Chapter 4, Article I Enviromnental Protection Standards; and
Chapter 4, Article II Landscape Design and Buffering Standards.
The intent of these regulations is to foster a more sustainable outdoor environment on
developed non-residential and multi-family residential sites, while taking into
consideration feasibility and financial impacts upon the development community,
landscape industry, businesses, and property owners. It should be noted that the draft
regulations were distributed to local stakeholders (i.e., nursery grower, landscape
architects, landscape contractor, and irrigation contractor) and their feedback has been
positive and incorporated into the proposed regulations.
CONCLUSION / RECOMENDA TION
Staff is proposing the attached provisions to implement a CAP recommendation. The
intent of these regulations is to decrease the impacts of development on the environment
as well as to reduce the use of potable water for irrigation purposes. The new provisions
would apply to all new non-residential, multi-family residential, and common areas
within planned residential developments.
S:\Planning\SHARED\ WP\SPECPROJ\CODE REVIEW\CDRV 11-006 Florida-friendly landscaping\Staff Report.doc
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EXIDBIT "B" -Draft Re2'ulations for Florida-Friendly Landscapin2
Chapter L Article II (Definitions)
FLORIDA~FRIENDLYLANDSCAPING - The principles of Florida-Friendly
Landscaping indudeplanting the right plant in the right place, efficient watering.
appropriate fertilization, mulChing. attraction of wildlife, responsible management of yard
pests. recycling yard waste, reduction ofstonnwaterrunoff. and waterfront protection.
Additional components of Florida-Friendly Landscape include planning and design. soil
analysis. the use of solid waste compost. practical use of turf. and proper maintenance.
}he following definitions shall also apply:
AQUAScAPE - The planting of aquatic and wetland plants in the enhancement,
restoration. or creation of freshwater. estuarine. or marine systems.
AUTOMATic CONTROLLER - An electronicdevice,.capable of automated
operation of valve stations to set the time, duration and frequency of a water
application based upon soil moisture probes.
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BEST MANAGEMENT PRACTICES - Turf and landscape practices or
combination ofpracticeshased on research. field-testing, . 'and expert review,
determined to be the most effective and practicable on~location means, including
economic. and technological considerations, for improving waterauality,
conserving water suppHesandprotecting natural resources. See "BlOINTENSIVE
INTEGRATED PEST MANAGEMENT."
COMMERCIAL FERTILIZER APPLICATOR - Any person who applies
fertilizer on turf and lor landscape plants in the City in exchange for money,
goods, services or other valuable consideration .
CONSTANT PRESSURE IFLOWCONTROt - A device that maintains a
constant flow, pressure, or both.
EMittER - this term primarily refers to devices used in microirrigation
systems.
FERtILtzE~ 'FERtiLIZING. OR. FERTILIZATION - The act of applying
fertilizer or fertilizer product to lurf, specialized turf,orlandscapeplant.
FERTILIZER - Anv substance or mixture of substances. except pesticide I
fertilizer mixtures
such as "weed and feed" products, that contains one or more recognized plant
nutrients and promotes plant growth. or controls soil acidity or alkalinitv.or
providesothersoiJ enrichment. or
provides other corrective mea..,ures to the soil.
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FILtER - A device in irrigation distribut,ion systems that separat,es sediment or
.
other foreign matter.
GROUND COVER - Low growing plants. other than turf grass, used to cover
the soil and form a continuous, low mass of foliage.
GUARANTEED ANALYSIS - The percentage of plant nutrients Or measures of
neutralizing capability claimed to be 'Present in a fertilizer.
HARDSCAPE - Impervious areas such as patios. decks. driveways. paths and
sidewalkS that do not require
irrigation.
HJGHW A TERUSEPLANT8 - Plants that require irrigation to provide
supplemental water on a regular basis throughout the year. or are so identified by
a regulatory agency havingiurisdiction. When placed in a naturally high water
table area appropriate to the plant such that irrigation is not required, such plants
shan not be consideredhig:h water use for the purposes of the Florida-Friendlv
standards.
IIYDROZONE - A distinct grouping of plants with similar water needs and
climatic requirements.
( '," , , ,'". ..
INFILTRATION RA'IE -The rate of waterentrv into the solI expressed as a
depth of water per unit of time (inches per hour).
INTEGRATEDP.EST MANAGEMENT (IPM) - An effective and
environmentally sensitive approach to pest management that relies on a
combination of common-sense practices. IPMprograms use current,
comprehensive information on the lifecydes of pests and their interaction with
the environment. 'This information, in combination with available pest control
methods, is used to manage pest darn age by the most economical means. and with
the least possible hazard to people. property. and the envimnment.
IRRIGATED LANDSCAPE AREA. - All outdoor areas that require a permanent
irri gati on system .
tRRIGATIONSYSTEM - A constructed watering system designed to transport
and distribute water to {)lants.
IRRIGATION ZONE - A grouping of sprinkler heads or microirri~ation
emitters operated simultaneously by the control of one valve.
LANDSCAPED AREA - The entire parcel: less the building footprint.
driveways. hardscape and other imperveious areas. such as decks, patios. and non-
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porous areas. Water features are included in the calculation of the landscaped
area.
t.OW-FLOWPOINT APPLICATORS - Irrigation applicators with output less
than 60 gallons Verhoudgph).
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tow MAINTENANCE ZONE -- An area with a minimum of six (6) feet in
width, adiacent to watercourses, which is planted and managed in order to
minimize the need for fertilization, watering:, mowing, etc.
LOW WATER USE PLANTS - Pennanentplants that do not need
supplemental waterheyond natural rainfall, or are so identified by a regulatory
agency havingiurisdiction not needing irrigation to survive.
MICROCLIMATE- The dimateofa specific area in the landscape that has
substantiallv differing sun exposure, temperature, or wind than surrounding areas
or the area as a whole. resulting in different needs and requirements.
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MICROnUUGATION-(LOW VOLUME) - Theap:plicationof small Quantities
of water directly on or below the soil surface. . usually as discrete drops. tiny
streams,orminiaturespravs through emitters placed along the water delivery
pipesnaterals). Microirrigationencompasses a number of methods or concepts
includingdriv, subsurface, bubbler, and spray irrigation. previously referred to as
trickle irrigation. low volume, or low flow irrigation.
MODERA. TE W ATERUSE PLANTS - Plants that need suvvlemental water
duringscasonaldry periods.
MOISTURE SENSING DEVICE OR SOIL MOISTURE SENSOR - A device
to indicate soil moisture in the root zone for the purpose of controlling an
irrigation system based on the actual needs of the plant.
MULCH. - Non-living. or~anic. or svnthetic materials customarily used in
landscape design to retard erosion and retain moisture.
l " ;; - .,'_", 1 ; -j " , '
NATIVE VEGETATION - Any plantspecics witha2eOgraphic distribution
indigenous to alL or part, of the State of Florida as identified in: Wunderlin. R. P.
1998. Guide to the Vascular Plants of Florida. University Press of Florida.
Gainesville.
NON-COMMERCIAL APPLICATOR - Anv person that applies fertilizer for
the purpose of maintaining turf and (or landscape plants. Non-commercial
applicators shall include but not be limited to owners and managers of public
lands. schools. parks. religious institutions. utilities. and any residentiall'roperties
maintained in condominium and ( or common ownership.
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.P ASttJRE - Land used for livestock grazin$!; that is managed to provide feed
value.
PLANT BED;.. A grouping of trees, shrubs, ground covers, perennials or annuals
growing together in a defined area devoid of turfgrass, normally using mulch
around the plants.
PLAA'TCOMMUNITIES - An association of plants that are dominated by one
or more prominent species, or a characteristic physical attribute.
POINT OF-CONNECTION (roC) - The location where an irrigation system is
connected to a water supply.
POP-UP SPRAYS - Spray heads that pop up with water pressure and provide a
continuous spray pattern throughout a given arc of operation.
PRESSuRET ANK - A pressurized holdin$!; tank for irri2ation water.
PROHIBITED APPLICAnONPERIOD - The time period during which a
Flood Watch or Warning, ora Tropical Stonn Watch or Warning. or a Hurricane
W atchorW aming is in effect for any portion off CITY ICOUNTY). issued by the
National Weather Service. or ifheavyrain is likely.
PUMPCYCLING- Irrigation pump coming on and shutting off frequently
during operation of irrigation system s.
RAIN SENSOR DEVICE - A low voltage electrical or mechanical component
placed in the circuitry of an automatic irrigation system that is designed to turn off
a sprinkler controller when precipitation has reached a pre-set quantity . Require<:!
by law (373;62 F.S.') on an automatic irrigation systems since 1991.
SItE APPROPRIATE PLANT - A 1Jlant that after establishment. will thrive
within the environmental conditions that are :norrnal for a specific location
withoutartificialsnpplements such as irrigation.
"SLOW RELEAsE," "CONTROLLED RELEASE," "TIMED RELEASE."
"SLOWLY AV AILABLE."or"W ATERINSOLUBLE NITROGEN" -
Nitrogen ina form which delays its availability fOfplant uptake and use after
application, or which extends its availability to the plant longer than a reference
rapid or quick release product.
SOD OR LAWN - Apiece of turf-covered soil held together hy the roots of the
turf.
SOiL MOISTURE SENSOR - See "MOISTURE SENSfNG D.EVICE."
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SOIL TExtuRE - The classification of soil based on the percentage of sand.
silt, and clay in the soil.
TURF (TURFGRASS) - A mat laver of monocotyledonous plants such as. but
not limited to. B!.iliia. Bermuda, Centipede. Paspalum,St. Augustine. and Z..QY~ia.
V AiLVE - A device used to control the flow of water in the irrigation system.
WATER :lJSEZONE - See "HYDROZONE."
Chapter 2~ Article III~ Section 3 (Land Development Permit)
Section 3. Land Development Permit (LDP).
A. General.
1. Purpose and Intent. The purpose and intent of this subsection is
to set forth a well-defined application process, review criteria, and uniform
procedure for the processing of land development permits, and to ensure
that developments comply with the drainage requirements of the South
Florida Water Management District and other external agencies, and the
respective standards described in the Engineering Design Handbook and
Construction Standards, the City's Code of Ordinances, and these Land
Development Regulations.
2. Applicabilty. The land development permit (LDP) shall be
required prior to the commencement of any new construction (or
modification) of site improvements, required infrastructure, and activities
listed hereunder. For the purposes of this subsection, a modification shall
be construed to exclude simple maintenance and repairs of existing site
improvements and infrastructure, as detennined by the City Engineer or
designee. The LDP shall be required for the following:
a. Impervious Surfaces. Any new impervious surfaces
of 800 square feet or more;
b. Off-Street Parking Areas. Off-Street parking, vehicular
use area, and loading zones on private property as described in
Chapter 4, Article VI (Parking Lot, Vehicular Use Area, and
Loading Zone Standards);
c. Required Improvements. Any drainage, storm water
and wastewater systems, and the other required improvements (e.g.
utilities, streets, sidewalks, pedestrian and bicycle paths, etc.) as
described in Chapter 4, Article VII! (Roadways, Utilities, and
Infrastructure Design Standards);
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d. Landscaping and Irrigation. Landscaping,
including its irrigation, located within rights-of-way or that which
is required on private property pursuant to Chapter 4, Article II
(Landscaping Design and Buffering Standards);
e. Clearing and Grubbing Activities. Any proposal
to cut down, move or remove, destroy, or effectively destroy
through damaging any plant material protected under Chapter 4,
Article I (Environmental Protection Standards).
f. Excavation and Fill Activities. Any excavation,
grading, dredging, or fill activities pursuant to Chapter 4, Article
XI (Excavation and Fill Regulations);
g. Exterior Lighting. Any exterior site lighting located
within public rights-of-way or that which is required in off-street
parking areas or other vehicular use areas pursuant to Chapter 4,
Article VII (Exterior Lighting Standards); and
h. Abutting Rights-of-Way. The application for an LDP
shall generally include any off-site improvements and construction
activity proposed to, or within, an abutting or contiguous right-of-
way; however, the City Engineer shall have the authority to require
a right-of-way permit in those instances when the scope of work is
such that it is not located within close proximity of the subject
property or abutting right-of-way, and is a considerable distance
off-site, and is not a direct component of the subject LDP.
3. Prerequisites to the Land Development Permit. The City
Engineer or designee shall not commence the review of a land
development permit application in instances when the Director of
Planning and Zoning or designee detennines that a site plan or a
modification thereof is necessary. See Chapter 2, Article II, Section 2.F
for the site plan review process. In this section, the term "site plan" is also
construed to include the master site plan and technical site plan review
processes (see Chapter 2, Article II, Sections 3.A and 3.B, respectively).
The review of an LDP application may occur concurrently with the review
of a final plat in instances when the City Engineer determines a plat or
replat is required, but in all instances, the LDP shall not be issued until the
final plat is approved.
B. Submittal Requirements. An application form for a land development
pennit shall be provided by the Engineering Division. Unless the City Engineer
or designee determines otherwise, the applicant shall submit the completed form,
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pay the fee as adopted by resolution by the City Commission, and provide all
documentation required hereunder:
1. Survey. Seven (7) surveys sized 24" x 36", not older than
six (6) months, and one (1) additional copy sized 11" x 17", showing the
subject property and any affected rights-of-way, including alleys, shall be
prepared and sealed by a licensed surveyor. The surveys shall also
illustrate the following:
a. Total gross project acreage and square footage;
b. North arrow, scale, and legend;
c. Property boundaries, legal description, and property control
number(s);
d. Existing natural features, including but not limited to lakes,
trees and other vegetation, soils, and topography;
e. Existing buildings and structures, including dimensions,
height, and use;
f. Existing utility lines and easements;
g. Existing ground elevations (street and finished floor); and
h. Permanent reference monuments and permanent control
points as required by Chapter 4, Article VIII, Section 3.CA.
2. Site Plan. Seven (7) site plans sized 24" x 36" and one
additional (1) copy sized 11" x 17" shall be prepared and sealed by a
professional architect, engineer, or landscape architect registered in the
State of Florida. The site plan shall be drawn to scale and indicate the
following:
a. Total gross project acreage and square footage;
b. North arrow, scale, and legend;
c. Future Land Use Map Classification (FLUM) and Zoning
District (from Official Zoning Map);
d. Tabular summary indicating the total building area
expressed in square footage, including nonresidential floor area (if
applicable) and intended use of such floor area;
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e. Tabular summary indicating the total number of dwelling
units (if applicable), including characteristics such as number of
bedrooms, bathrooms, and size of each typical unit;
f. Tabular summary indicating square footage and percentage
distribution of the total project site, including areas proposed for
landscaped open space, vehicular use areas and other paved
surfaces, building coverage, and pervious and impervious surfaces;
g. Tabular summary indicating number and ratio
(methodology) of required and provided off-street parking spaces
and loading zones;
h. Existing buildings and structures which are to remain, and
any proposed buildings and structures, including dimensions,
height, setbacks, and use;
i. Proposed off-street parking spaces, loading zones, and
vehicular use areas (i.e. driveways), including dimensions,
setbacks, traffic control markings, and signage;
j. Proposed sidewalks and pedestrian areas, including
dimensions and setbacks;
k. Proposed fences and walls, including dimensions, setbacks,
height, and material;
I. Proposed location of exterior freestanding lighting fixtures;
and
m. Proposed dumpster or trash receptacle location(s).
3. Civil Engineering Drawings. Seven (7) civil engineering
drawings sized 24" x 36" and one additional (1) copy sized 11" x 17" shall
be prepared and sealed by a professional engineer registered in the State of
Florida. The civil engineering drawings shall be drawn to scale and
illustrate the same general information as that shown on the site plan
following (including associated easements and dedications), in addition to
containing the following:
a. Paving and grading;
b. Potable water and sanitary sewer systems;
c. Stormwater management and drainage calculations that
were used in the design of the water management system;
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d. Storm water pollution prevention plan (SWPPP) and / or
Erosion and Sedimentation Control (ESe) plan;
e. Typical sections and summary of quantities;
f. Street lighting; iHi6
g. Traffic control markings..; and
h. Maintenance of traffic -plan.
4. Landscape Plan. A detailed landscape plan shall only be
required for those permit applications associated with the required
landscaping as described in Chapter 4, Article II or by the Engineering
Design Handbook and Construction Standards. The applicant shall be
required to submit seven (7) landscape plans sized 24" x 36" and one (1)
additional copy sized 11" x 17", all of which drawn to scale, and prepared
and sealed by a professional landscape architect in the State of Florida.
The plans shall illustrate the same general information as that shown on
the site plan, in addition to containing the following:
a. Existin~ and proposed Proposed vegetation (trees and
shrubs), including species, height, and size, and any which ate to
remam;
b. Locations of protected or specimen trees;
c. Tabular summary of plant list indicating type of plant by
common and botanical name, and quantity;
d. Proposed berms, watercourses, and other topographic
features;
, e. A notation on the method of irrigation; and
f. Locations of required trash receptacles, bicycle racks, and
trash receptacles.
~ Locations of exterior lighting fixtures. utility structures (at-
grade and below grade). easements. and proposed civil engineeri..ng
improvements.
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5. Irrigation Plan. A detailed irrigation plan shall only be
required for those permit applications associated with landscaping and
irrigation lines as regulated under Chapter 4, Article II (Landscape Design
and Buffering Standards) or by the Engineering Design Handbook and
Construction Standards. The applicant shall be required to submit seven
(7) irrigation plans sized 24" x 36" and one (1) additional copy sized 11" x
17", all of which drawn to scale, and prepared and sealed by a professional
landscape architect in the State of Florida. The plans shall illustrate the
same general information as that shown on the site plan, in addition to
containing the following:
~ The irrigation system plans and specifications shall identify
the materials to be used, the installation methods, and estimated
monthly water savmgs as compared to non-microirrigation
systems;
b. Irrigation system plans and specifications shall under go
final testing andadiustmentstoachievedesign specifications prior
to completion .of the system and acceptance bv the owner's
representative and the City:
c. The water use zones shall be shown on the irrigation plan
and labeleda<; to their usage ( e. g.. turf zone, shrub zone,etc ):
d. Location and size of public water meter(s) (domestic anq
reclaimed) service(s). well or lake water or cistern storage source.
pressure tank and rust chemical treatment.
~ Location and size of backflow prevention device. and
automati ccontroller:
!: Static water and design pressure at point of connection and
pressure-regulation valve shall be installed and maintained if static
service pressure exceeds 80 pqunds per square inch. The pressure
regulating valve shall be located after the meter:
& Location of power source (single or three phase);
h. Location, type, size. an.d depth of all irrigation main and
lateral lines, and sleeves:
!: Location and type of all irrigation heads, quick couplers.
gate valves, automatic flush valves. air vacuum relief valves. soil
moisture sensors. control switches. pumps. starters, and other
related equipment;
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h Installation details and outline specifications for backtlow
prevention device, metal caging. controller. control valves, quick
couplers, emitter heads, drip lines and emitters. automatic and I or
manual tlush valves, air vacuum. relief valves, main line and later
Hne pipe, wire connection details. and all other irri~ation related
operations:
k. Irrigation legend with symbol, size, manufacturer, mod~l
number. PSI andGPM shown on each sheet:
!: Irrigation general notes and outline specification and
applicable to project;
!!h Weeklv and monthl y - watering schedule for __ each
hvdrozone:
!h Approval of irrigation system plans and specifications shall
also require that the installer provide property owners and users
with the following post-construction documentation, including as-
constructed drawings, recommended maintenance activities and
schedules, operational schedule, design precipitation rates,
instructions on adjusting the system to apply less water after the
landscape is established, maintenance schedule, water source,
:water shut-off method, and the manufacturer's operational guide
for their irrig:ation controller, When feasible, similar information
should be made available for subsequent property transfers.
~ In order to assist the property owner with the most efficient
use of the irrigation system, the contractor shan supply the
following infonnation at the completion of the installation:
ill As-built irrigation plan:
ill Irrigation scheduling infonnation, with instructions
for seasonal timer and sensor changes: and
m An irrigation valve site map detaiiing:
ill Gallons per minute demands:
ilil Precipitation rates:
!.9} Operating pressure requirements for_. each
valve..
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a. Loca.tioo and size 0fpublie water meter(s) (domestic and
reclaimed) serviee(s), wen or lalce...vater or oistern storage sOl;lroe,
pressure tank and rust ohemic~J trsatmeflt;
b. Location and size of backflov; prevention de..-ice, and
automatic smart controller;
c. gtatiev;at~ and design pressure at point of conneotion and
proo~e r-egalation valve shall be installed and maintained if static
service pressure exceeds 80 pounds per square inch. The pressure
re~~ting yah/e shall be located after the meter~
d Location of power souroe (single or three phase)~
e. Location, type, size, and dep~h of all irrigation main an(i
lateral lines, and slee:ves;
f. Location, type, size, circuit number, and gaUons per
minllte, }3recipitationrate and plant types for each oontrol valve;
g. Location and type of .all irrigation heads, quick oouplers,
gate ':w.ves, automatic flush valves, air vacuum relief valves, soil
moisture sensors, control s......itohes, pu~ps, starters, and other
related equipment;
h. Installation details and outline specifications for buckflow
prevention device,metal cagmg, eon troller, control valves, quick
oouplers, emitter heads, drip lines and emitters, automatic and / or
manHaIflush T/alves,air yoouum, relief valves, main line and later
line pipe, wire connection details, and all other in-igatioR related
operations;
1. Irrigation legend with symbol, size, manufacturer, model
numb6f,PSI and GPM shown on each sheet;
J. Irrigation general notes and outline specification and
applicable to project; and
k. Weekly and monthly waterillg schedule for each
hydrozone~
1. Caloolations for estimated mont:\i1y ~vater savings.
6. Tree Management Plan. A detailed tree management plan
shaH only be required for those permit applications associated with the
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removal of plant material as regulated under Chapter 4, Article I
(Environmental Protection Standards). The applicant shall be required to
submit seven (7) tree management plans sized 24" x 36" and one (I)
additional copy sized 11" x 17", all of which drawn to scale, and prepared
and sealed by a professional landscape architect in the State of Florida.
The tree management plan shall illustrate the same general information as
that shown on the site plan. The plan shall illustrate the trees that are to
remain' in place, as well as those which are to be relocated elsewhere on-
site, including a notation regarding the reason for relocation. The plans
shall also indicate the trees that are proposed to be removed and the reason
for such removal.
7. Photometric Plan. A detailed photometric plan shall only be
required for those permit applications associated with exterior lighting as
regulated under Chapter 4, Article VII (Exterior Lighting Standards) or by
the Engineering Design Handbook and Construction Standards. The
applicant shall be required to submit seven (7) photometric plans sized 24"
x 36" and one (1) additional copy sized 11" x 17", all of which drawn to
scale, and prepared and sealed by a professional engineer in the State of
Florida. The plans shall illustrate the same general information as that
shown on the site plan, in addition to containing the following:
a. Detail of each type of exterior freestanding lighting
fixtures, including material, color(s), height, and sizes;
b. Illumination levels (in footcandles), including a summary
table indicating the average, minimum, and maximum footcandle
levels;
c. Certification of compliance with the latest edition of the
Florida Building Code and the capacity to withstand ] 40 MPH
wind load; and
d. Proposed conduit routing.
8. Grading Plan. A detailed grading plan shall only be
required for those permit applications associated with excavation, grading,
dredging, or fill activities as regulated under Chapter 4, Article XI
(Excavation and Fill Regulations). The applicant shall be required to
submit seven (7) grading plans sized 24" x 36" and one (1) additional
copy sized 11" x 17", all of which drawn to scale, and prepared and sealed
by a professional engineer registered in the State of Florida. The plans
shall illustrate the following:
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a. A topographical map depicting existing grade, paved
conditions, and vegetation on the referenced property and to a
point 50 feet off the property in all directions;
b. A phasing plan, where applicable;
c. Soil borings indicating the depth of the various materials to
be dredged or excavated;
d. A map indicating the location of soil borings;
e. A topographical map with finished land elevations shown;
f. A description of the method(s) involved in the excavation;
g. A listing of the person or persons responsible for the work
proposed;
h. Tabulation of the amount of material to be moved;
i. Plans for the abatement of nuisances such as the flowing of
dust and sand;
j. The steps to be taken to protect the water resources, if
applicable;
k. The height and location of proposed stockpiles;
l. The duration of stockpiling;
m. The duration of the work;
n. Traffic plans to include the treatment of internal roads,
private or public street crossings;
o. Points of ingress and egress to the site;
p. Location of turn lanes, if appropriate; and
q. Methods to ensure public safety during and after the work
to be performed.
9. Native Florida Ecosystem Surveyor Inventory. A detailed
Native Florida Ecosystem Surveyor Inventory shall only be required for
those permit applications associated with the development of
environmentally sensitive lands in accordance with Chapter 4, Article I
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(Environmental Protection Standards). The evaluation of any proposed
alteration of lands which are found to be environmentally sensitive shall
be prepared by a professional biologist. The applicant shall be required to
submit (7) surveys or inventories, sized 24" x 36" and one (1) additional
copy sized 11" x 17", all of which drawn to scale. The surveys or
inventories shall illustrate the following:
a. Site location map with the specific property clearly
indicated;
b. Aerial photograph with the specific property clearly
indicated (scale: one {I} inch equals 600} feet or less);
c. Detailed map of existing terrestrial and aquatic vegetation,
including exotic species within the jurisdictional limits of wetland
jurisdiction of the U.S. Army Corps of Engineers and the Florida
Department of Environmental Regulation;
d. Soil types and conditions;
e. List of endangered, threatened and rare species and species
of special concern found on the site;
f. Areas or sites where colonies of birds are nesting or
roosting or where migratory species are known to concentrate;
g. Archaeologically and I or historically significant features as
identified or recognized by State or Federal regulations;
b. Geologically significant features;
i. Areas of previous disturbance or degradation, including
present and past human uses of site;
j. Surrounding land uses;
k. Conceptual footprint of site development, including
buildings, roadways, parking areas, utilities, water features, flood
control structures, stonnwater systems, wellfie1d locations,
landscaped areas, buffer areas, preserve areas, and other open
space areas, as an overlay to vegetation mapping;
I. Status of development approvals, including permit
applications; and
m. Project Operation.
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(1) Description of proposed operations to be performed
on the site including use, storage, handling or production of
substances known to be harmful to humans, plants and/or
animals;
(2) Identification of any pollutants expected to be
emitted during project operation;
(3) Identification of timing and source of noise and / or
vibration impacts on resident and adjacent human and
animal life; and
(4) Project Alternatives.
(a) Discussion of project alternatives should be
provided, including options considered and rejected
and the rationale for rejection of each option
considered; and
(b) Mitigation considerations should be
discussed in detail as they relate to possible loss of
habitat or impact on endangered, threatened or rare
animal and plant species, or species of special
concern.
C. Review Criteria. The land development permit shall be consistent
with the corresponding site plan and final plat, and comply with the standards and
requirements pertaining to paving, grading, and drainage as described in the
City's Code of Ordinances, Land Development Regulations, Engineering Design
Handbook and Construction Standards, and as regulated by the South Florida
Water Management District and other external agencies.
D. Approval Process.
1. Initial Review. Within 20 business days following the
submittal of a land development permit application, the City Engineer or
designee shall review the civil engineering drawings to ensure that the
paving, grading, and drainage complies with the review criteria of Section
3.C above. If deficiencies persist on the drawings, the City Engineer shall
provide the applicant's engineer of record with a written account of all the
issues, citing the specific chapter, article, section, and paragraph. Upon
receipt of such findings, the engineer of record shall make the necessary
corrections or revisions as defined in the written statement, and resubmit
the civil engineering drawings to the Engineering Division.
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2. Technical Compliance and Issuance of Permit. Once the
drawings are found to be acceptable, the City Engineer or designee shall
issue a written statement of technical compliance, and notify the applicant
of any fees, surety (in accordance with Section 6 below based on the cost
estimates provided by a duly licensed professional in the State of Florida),
and pennits that are required from any external agencies, such as from the
South Florida Water Management District or Department of
Transportation. The LDP shall be issued by the Engineering Division
once the aforementioned items, the final plat, and any other documents
required by the City Engineer or designee, are found to be acceptable and
meets the provisions of this ordinance. The applicant will then be allowed
to commence work on the impervious surface, off-street parking, vehicular
use areas and loading zones, paving, grading, and drainage systems, and
other required improvements as specified in Section 3.A.2 above.
3. Construction Activity. Construction shall be performed
under the surveillance of, and at all times, be subject to review by the City
Engineer or designee; however, tIris no way shall relieve the Florida-
registered engmeer of record of responsibility for administration,
coordination, and final compliance with the approved plans,
specifications, and all applicable rules, laws, ordinance, and resolutions.
The City Engineer or designee shall have the authority to enter the
property during the progress of construction. The applicant's engineer of
record shan submit construction progress reports at points of progress
prescribed by the City Engineer, as well as final certification of
completion of required improvements. The engineer of record shall
coordinate joint reviews of construction with the City Engineer or
designee. The City Engineer or designee shall have the authority to stop
work upon failure of the developer or engineer of record to administer and
I or coordinate the construction of the required improvements as
prescribed by this ordinance.
4. Completion. In order for final closeout and project completion of
the required improvements, the engineer of record shall certify in writing
that the required improvements were installed under his responsible
direction; that all improvements confonn with the approved civil
engineering drawings, and all laws, regulations, codes, and ordinances. In
addition, the applicant's engineer of record shall submit tests and reports
(concerning the work and materials used during construction of the
required improvements), in addition to as-built drawings on a high quality
time stable reproducible material showing the original design as compared
to the actual finished work.
E. Expiration. All required improvements shall be completed within one
(1) year of the date of issuance of the LDP. Unless the time period is otherwise
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extended, the permit shall become null and void if the applicant is unable to
complete the work within the stated timeframe.
F. Extension. An applicant may petition the City Engineer to extend the
approval of a land development permit for an additional time period, not to
exceed one (1) year, provided that such written request for extension is filed 30
days prior to the expiration of the preceding one (1) year period. The fee for the
extension shall be in the amount as adopted from time to time by the City
Commission.
G. Miscellaneous. No Certificates of Occupancy will be issued for
buildings in the platted developments until all required improvements are
completed, approved, and I or accepted by the City, except that it is the
prerogative of the developer to post an additional 110% surety for work that may
be more prudently put in place subsequent to building construction, such as
sidewalks and landscaping. Certificate of occupancies will not be issued until
such work is approved and I or accepted by the City as completed.
Chapter 4. Article I (Environmental Protection Standards)
CHAPTER 4. SITE DEVELOPMENT STANDARDS
Article 1. Environmental Protection Standards
Article II. Landscape Design and Buffering Standards
Article III. Exterior Building and Site Design Standards
Article IV. Sign Standards
Article V. Minimum Off-Street Parking Requirements
Article VI. Parking Lot, Vehicular Use Areas, and Loading Standards
Article VII. Exterior Lighting Standards
Article VIII. Utility and Infrastructure Design Standards
Article IX. Building, Construction, and Historic Preservation
Article X. Flood Prevention Requirements
Article XI. Excavation and Fill Regulations
ARTICLE 1. ENVIRONMENTAL PROTECTION STANDARDS
Section 1. General.
A. Short Title. This article shall be known and may be cited as the
"City Tree Preservation Ordinance."
B. Purpose and Intent. The City recognizes the inherent value of
trees and other plant material. Healthy vegetation aids in reducing
destructive environmental factors to real property, such as wind, noise,
and the potential for erosion to the City's soils and beaches. Trees and
shrubs contribute towards energy conservation and management by
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producing oxygen and absorbing carbon dioxide. They have a positive
effect in surface drainage, and help to provide a beautiful and aesthetic
environment for residents, businesses, and visitors. The purpose and
intent of these regulations, therefore, is to promote the health, safety, and
welfare of the community by establishing rules and regulations governing
the protection of trees and vegetation, in conjunction with encouraging the
installation and lor proliferation of healthy trees in shrubs and appropriate
locations and quantities.
C. Administration. The Director of Planning & Zoning or
designee shall have the authority to interpret and administer this article.
D. Applicability. The provisions of this article shall apply to all real
property in the City that is intended for development or redevelopment,
and when such tree removal activity is initiated by the property owner or
agent thereof.
E. Exemptions. The protection standards and permitting processes
of this article shall not apply to the following:
1. Single-Family Homes and Duplexes. Individually
platted lots containing single-family homes and duplexes located
within single-family and two-family residential zoning districts are
exempt from the protection standards and permitting processes of
this article, provided they do not contain specImen trees.
Specimen trees shall be protected in accordance with Section 3.B
below.
2. Community Garden.All fruits, vegetables, nuts, and herbs
shall be exempt from the provisions of this article with respect to
those that are planted and growing on the premises in connection
with a community garden and when approved by the City pursuant
to a zoning permit or conditional use I site plan approval,
whichever is applicable.
3. Nurseries and Tree Farms. All licensed plant or tree
nurseries or tree farms shall be exempt from the provisions of this
article only in relation to those trees planted and growing on the
premises of such licensed business, which are so planted and
growing for the sale or intended sale to the general public in the
ordinary course of such business.
4. Public Utility Agencies. Public utility agencies are
authorized to remove existing trees that interfere with
infrastructure located within easements or rights-of. way, or which
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otherwise endanger the safety and welfare of the public, without
the requirement or need to obtain a City permit.
5. Emergencies. The provisions of this article may be waived
by the Director of Development during a period of emergency,
such as during a hurricane, tropical storm, flood, or any other Act
of God.
6. Hazardous or Diseased Trees. No permit is required
to remove hazardous or diseased trees, provided that the subject
trees are removed under the supervision of a Certified Arborist in
accordance with the standards of the International Society
Arboriculture (ISA).
F. Terms and Definitions. See Chapter 1, Article II for all
applicable terms and definitions which pertain to the regulations and
standards contained herein.
G. Conflict. Whenever the regulations and requirements of this
code conflict with any other lawfully enacted and adopted rules,
regulations, ordinances, or laws, the most restrictive shall apply, unless
otherwise stated herein.
Section 2. City Approval Required.
No plant material or vegetation shall be cut down, moved or removed, destroyed
or effectively destroyed through damaging without first securing the necessary
City approvals and permits as provided hereunder, except in instances when
exempt from these regulations in accordance with Section ] .E. above. The
following processes and permits shall be available to ensure that all clearing and
grubbing activities comply with the standards of this article:
A. Private Property and Public Lands. The property owner
or agent shall file the following applications prior to commencement of
any of the aforementioned clearing and grubbing activities:
1. Site Plan Review. Except for individually platted lots
containing single-family and duplex homes located within single-
family and two-family residential zoning districts, the site plan
review process shall be required and reviewed in accordance with
the procedures set forth in Chapter 2, Article II, Section 2.F. prior
to the issuance of any land development permit. For the purpose
of this subsection, the term "site plan" is construed to include
master site plan and technical site plan applications, and to
ultimately mean the process by which a landscape plan is
approved. The City Forester may require the submittal of a tree
20
survey, tree management plan, Native Florida Ecosystem Survey
or Inventory, or a combination thereof, as part of the site plan
application, when determined necessary to identify specimen trees
or to ensure compliance with the preservation efforts of Section
3.B below.
2. Land Development Permit. The land development permit
process shall be required, and initiated only subsequent to the
approval of a site plan (landscape plan) application, except in those
instances when site plan review is not required. The land
development permit application shall be processed in accordance
with the procedures set forth in Chapter 2, Article III, Section 3.
The City Forester may require the submittal of a tree survey, tree
management plan, Native Florida Ecosystem Surveyor Inventory,
or a combination thereof, as part of the land development permit
application, when determined necessary to identify specimen trees
or to ensure compliance with the preservation efforts of Section
3.B below. The issuance of a land development permit shall not
relieve any party from obtaining the necessary permits which may
be required by the various federal, state, or local government
agenCIes.
B. City Rights-of-Way. A right-of-way permit application shall be
required for any proposal to remove plant material from a City right-of-
way in accordance with the procedures set forth in Chapter 2, Article III,
Section 4. The City Forester may require the submittal of a tree survey,
tree management plan, Native Florida Ecosystem Surveyor Inventory, or
a combination thereof, as part of the City right-of-way permit application,
when determined necessary to identify specimen trees or to ensure
compliance with the preservation efforts of Section 3.B below.
Section 3. Preservation Principles. Standai'ds.
A. Hi2bEcolo2icallmportance. Areas that are considered to
be of hi~h ecological importance should he given highest prioritv for
protection. These areas include but are not limited to the following: 1)
have occurrences of federal and state listed species of flora and fauna: 2)
high biological diversity: 3) located in aquifer recharge zones: and 4)
known to inhabit threatened and endangered species of fauna and flora.
Therefore, the following natural areas shall he protected as follows:.
B. Easements and Ri2hts-of- Way. Utilities, storm water
easements and rights-of-way should avoid preserved areas.
e. Conti2uity. Areas set aside for preservation should be
contiguous parcels of land that are interconnected and considered viable
21
I
habitat for wildlife to the extent practical. Small fragmented areas of
preservation should be avoided when possible.
Section 4. Standards.
The following standards shall be considered in order to ensure the protection of
existing vegetation:
A. General. All proposed developments shall be designed to
preserve, perpetuate, and improve the existing natural character of the
site. Existing native trees and other landscape features shall, to the
maximum extent possible, be preserved in their natural state; and
additional landscape features shall be provided to enhance architectural
features, to relate structural design to the site, and to conceal unattractive
uses. In all instances the City's landscaping requirements and all other
applicable regulations shall be fully complied with as minimum standards.
No tree shall be removed from any City property, lands, public park, or
any areas within a City right-of-way except in accordance with the
provisions of this article.
High-quality areas placed inpreservationsha1the retained in entirety in
their current or improved natural state,and protected in perpetuity
~ardlessof ownership. This requirement maybe negotiated to create
contiguous preservation among plantcomrnunities. During the site plan
review process. the applicant shall be required to prove that the highest
ecologically valued land is being retained first. Ifthepreservation of the
highestecologicaJ valued land produces undue burden on the development
of the site, it shall be the applicant'sresponsibilitv to prove such hardship
and provideanacceptablealtemative for approval.
Rights-of-way and areas determined to be future rights-of-way in the
Comprehensive Plan and utilitv or drainage easements shall not he
allowed as designated set-a<;ide areas.
B. Preservation Efforts.
1. Beach Dunes. The natural vegetative cover on beach dunes
shall be preserved in an undisturbed state of growth as a fragile
ecosystem. No beach dune vegetation, grass, sea grape, and tree
development shall be altered, removed, or changed except in
accordance with federal, state, county, and local regulations.
2. Mangrove Areas. Well-documented scientific research
has established that mangrove areas are the ecological base of the
biological food chain for many important species, including some
species of fish that are important for sport and commercial fishing.
22
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Mangrove trees, which are of considerable aesthetic value, also
serve as protection against storm surge as well as provide a habitat
I shelter for birds and other wildlife. For these reasons, land
development and construction thereon, shall be conserved to the
maximum extent possible and only altered in accordance with
federal, state, county, and local regulations.
3. Specimen Tree Designation. The Director of
Development may, by written request to the City Manager
recommend from time to time the official designation of certain
trees located within the City as specimen trees. If the City
Manager approves such recommendation, the matter shan be
presented to the City Commission for final determination. The
City shall notify by certified mail the affected property owner of
the proposed hearing. The City Commission shall accept, modify
or deny the staff recommendation. Any proposal to remove a
specimen tree shall be mitigated in accordance with Section 2.C
below.
4. Environmentally Sensitive Lands.
a. General. The purpose and intent of this
section is to preserve and protect the values and functions
of environmentally sensitive lands from alterations that
would result in the loss of these lands or significant
degradation of their values and functions.
b. Applicability . This subsection applies to all
properties that contain environmentally sensitive lands with
an "A", "B", or "c" rating as pursuant to Table 2 of the
Conservation Element of the Comprehensi ve Plan.
c. Standards. The following standards shall
promote the preservation of natural resource sites:
(1) If the property proposed for development is
greater than 10 acres, or is a portion of a larger tract
containing 10 or more acres of environmentally
sensitive lands designated as an "A" rated site, the
developer shall be required to preserve a minimum
of twenty-five 25% of all native plant communities
on the site in one (l) unified preserve. Habitat shall
be preserved with intact canopy, under story and
ground cover.
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(2) If the property proposed for development is
greater than 10 acres and has been designated as a
"B" or "C" rated site, the developer shall be
required to preserve a minimum of 25% of all
native plant communities on the site. The preserve
areas may be separated into micro preserves.
Habitat shall be preserved with intact canopy, under
story and ground cover.
(3) Natural resource sites identified in Table 2
of the Conservation Element of the Comprehensive
Plan and that exceeds 1 0 acres shall be subject to
the 25% preserve area set aside notwithstanding
subdivision into smaller parts.
(4) The specific location of the preservation
area shall be determined during the review of a
master plan or site plan. If no master plan or site
plan is required, then such determination shall occur
during the review of the proposed plat. The
ultimate area to be preserved shall be indicated on
the approved plan and any corresponding plat. In
determining the most appropriate location for the
preserve area within the site, the City shall consider
factors, which include, but are not limited to the
following: 1) proximity of the preserve area to
developed and undeveloped property; 2) potential
for immediate or future consolidation with
environmentally sensitive lands on abutting
properties; 3) ability to maintain the preserve area
based upon surrounding development and land uses;
and 4) the recommendations of staff or any
consultants retained by the City. The Preserve Area
shall be maintained in accordance with a City
approved Preserve Area Management Plan.
C. Mitigation of Existing Trees. All existing trees that are not
preserved in place, or relocated on-site (as requested by the developer)
shall be mitigated in connection with a land development permit, by
installing replacement trees in accordance with the following:
1. Total Number of Trees. The total number of existing
trees shall be replaced on-site with an equal or greater number of
replacement trees;
24
2. Caliper Inches. The cumulative caliper inches of
existing trees (to be removed) shall be replaced on-site with an
equal or greater number of caliper inches of replacement trees.
3. Species. All replacement trees must be FIOlida-
Friendly and drought tolerant species and comply with Chapter 4,
Article II, Section 4.A.1.
4. Size. The mInImum SIZe of all replacement trees,
including their height and caliper inches shall comply with the
standards of Chapter 4, Article II, Section 4.A.3, regardless of
whether the existing tree with which it is replacing meets the
minimum standards thereto.
5. Prohibited Trees, Invasive, and Exotic Species. See
Section 5 below for the mitigation requirements and removal
provisions of prohibited, exotic, and invasive species.
6. Miscellaneous. On-site tree replacement
requirements may be changed or reduced by the Director of
Planning and Zoning or designee if determined that on-site
conditions make conformance impractical. The type and size of all
replacement trees shall comply with Florida Power & Light
Company's "Plant the Right Tree in the Right Place" publication,
where applicable, and with city regulations where located within
utility easements.
D. Forestry Practices and Procedures.
1. General. The Director of Planning and Zoning or
designee shall use "The Urban Forestry Manual (L)- Trees and
Construction", United States Department of Agriculture Forest
Service, 2005 edition or latest supplement thereof as the
arboricuItural standard when determining which forestry practice
or procedure to apply when reviewing the following types of
activities: 1) any proposal to relocate, replace, or remove trees that
are subject to the standards and permitting processes of this article;
2) any proposal where the grade of the site is to be raised or
lowered around an existing plant; 3) where ditching for utilities,
foundations, swimming pools, driveways or the like will severely
cut root systems; 4) where large paved areas will delete the water
supply and aeration necessary for the life of the tree or shrub; 5) or
where a change in the grade or drainage of development will
seriously harm natural areas to be retained.
2. Land Clearing and Construction.
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a. Vegetation that is set aside for preservation shall be
protected from all on -site construction. During the land
clearing and construction stage of development, the
developer shall erect and maintain protective barriers (to
City requirements consistent with best management
practices) around all trees or groups of trees to be
protected. The developer shall not allow the movement of
equipment or the storage of equipment, materials, debris or
fill to be placed within the protective barrier. Removal or
re-grading of soils within preservation areas is prohibited.
Any damaged vegetation located within the set-aside areas
shall be replaced with ve~etation equivalent to th~
vegetation destroyed.
b. During the construction stage of development, the
developer shall not allow the cleaning of equipment or
material within the drip line of any protected tree or groups
of trees. Neither shall the developer allow the disposal of
waste materials such as paint, oil solvents, asphalt,
concrete, mortar, and the like within the drip line of any
tree or groups of trees.
c. No attachments or wires other than those of a
protective nature shall be attached to any tree.
d. If more than one (1 ) native terrestrial plant
community is present on-site. areas representing all existing
plant communities shall be preserved on-site unless
preservin~ more of one particular community is more
ecologicall y beneficial.
E. Seeding and Mulching. Properties shall be seeded with
drought tolerant grass or other Florida-Friendly landscape material, and
mulched within 30 days after any clearing, grubbing, excavating, or filling
activity, or prior to request for inspection to close out the land
development permit, whichever occurs first, or subsequent to other major
building demolition or site work. In the case where other site work is to
occur and seeding and mulching will not be performed, the other site
precautions, such as silt or erosion control fencing as deemed appropriate,
protection of storm drains, etc., shall be immediately implemented. Staff
shall inspect the seeded and mulched areas to ensure that adequate ground
coverage has been obtained. Repeated seeding and mulching may be
required until the satisfactory coverage is accomplished.
Section 5. 4: Hazardous or Diseased Trees.
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Any dying or dead tree the City determines poses a threat, hazard, or danger to the
public shall be removed without delay by the property owner, without the need for
obtaining a permit, provided the subject tree is removed under the supervision of a
Certified Arborist in accordance with the standards of the International Society
Arboriculture (ISA). This provision shall include diseased trees or those in a
condition that could potentially contaminate other trees, such as the lethal
yellowing of coconut palm trees.
Section 6. ~ Prohibited Trees, Exotic, and Invasive Species.
A. General. Plants classified. as a Category I species on the
current prohibited list published by the Florida Exotic Pest Plant Council
(FLEPPC) is not allowed within the City.
B. Tree Removal and Mitigation. Any tree classified as a
prohibited species under this subsection shall be removed at the expense
of the property owner 'Prior to commencement of construction in
accordance with the following:
1. Vacant and Undeveloped Property.
a. Less than Two (2) Acres. If the parcel of
property is less than two (2) acres, no permit or review by
the City is required to remove the exotic tree species listed
above. A courtesy inspection and identification of exotic
species may be performed by staff, at no cost to the
property owner, upon request ofthe property owner.
b. Two (2) Acres or Greater. If the parcel of
property is equal to or greater than two (2) acres, a land
development permit shall be required in accordance with
the procedures set forth in Chapter 2, Article III, Section 3
to remove exotic and invasive species, except where
exempt under the provisions of Section J.E above.
2. Developed Property. On properties that have valid site
plan (landscape plan) approval, no land development permit shall
be required to remove exotic or invasive trees unless the subject
trees were previously approved as part of, or contribute to
landscape buffering, or to otherwise comply with the standards of
Chapter 2, Article II Landscape Design and Buffering Standards.
In these instances, the removal of all such trees shall be subject to
the mitigation requirements of Section 3.C above at the expense of
the property owner. For the purpose of this section, the term "site
plan" is construed to include master site plan and technical site
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plan applications, and to ultimately mean the process by which a
landscape plan is approved.
Chapter 4~ Article II (Landscape Desh!n & Bufferin2: Standards)
ARTICLE II. LANDSCAPE DESIGN AND BUFFERING STANDARDS
Section 1. General
A. Short Title. This article shall be known and may be cited as the
"City Landscape Code."
B. Purpose and Intent. It is the purpose of this article to protect and
improve the appearance and character of the community by increasing the
quality of landscaping visible from public or private streets and adjacent
properties; to increase the durability of landscape material in order to
withstand environmental hazards such as hurricanes; to conserve valuable
energy and water; and to ensure the quality installation and maintenance
oflandscaping. The specific objectives of this article are as follows:
1. Appearance. To improve the aesthetic appearance
of development through creative landscaping that helps to enhance
the natural and built environment;
2. Environment. To Improve the environment by
maintaining penneable land area essential to surface water
management and aquifer recharge; reducing and reversing air,
noise, heat, and chemical pollution through the biological filtering
capacities of trees and other vegetation; promoting energy
conservation through the creation of shade; and reducing heat gain
in or on buildings or paved surfaces;
3. Water Conservation. To promote water
conservation by requiring the use of native and drought tolerant
landscape material; promoting the use of water conserving
irrigation practices; and requmng adherence to landscape
installation standards and maintenance procedures that promote
water conservation;
4. Preservation. To encourage the preservation and planting
of native trees and vegetation as part of landscape design;
5. Compatibility. To improve compatibility of land
uses through the strategic placement and quantity of landscape
material;
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6. Land Value. To maintain and increase the value of land
by requiring landscaping that where installed and maintained
properly, becomes a capital asset.
7. Human Value. To provide physical and
psychological benefits to persons and to reduce noise and glare by
softening the harsher visual aspect of development.
C. Administration. The Director of Planning and Zoning or
designee shall have the authority to interpret and administer this article.
D. Applicability . The provisions of this article shall be
considered the minimum standards and shall apply to new construction,
major modifications to existing sites, and newly created landscaped areas
where compliance with regulations does not decrease conformance with
off-street parking regulations.
E. Exemptions. The following are exempt from the permitting
processes and standards of this article:
1. Single-Family and Duplex Dwelling Units. Single-
family and duplex dwelling units located on individually platted
lots within single-family or two-family residential zoning districts,
notwithstanding the cross-visibility and safe-sight regulations of
Chapter 3, Article II, Section 6. For clarification, if a property was
rezoned to a planned residential zoning district and developed with
platted lots for single-family or duplex homes, all plant material
installed or relocated within each lot shall be exempt from the
standards and permitting processes of this article, unless such plant
material was installed or relocated in connection with an approved
landscape plan.
2. Off-Street Parking in Garages. Off-street parking and
circulation areas located within enclosed parking structures; and
3. Miscellaneous. Public improvements, such as
schools, parks, streets, and medians, having separate design
requirements regulated by other agencies. The improvements
should be designed to meet the intent of these standards without
strict adheren~ thereto.
F. Terms and Definitions. See Chapter 1, Article II for all
applicable tenus and definitions which pertain. to the regulations and
standards contained herein. including Flori da-fri end1v landscaping
principles.
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G. Conflict. Whenever the regulations and requirements of this code
conflict with any other lawfully enacted and adopted rules, regulations,
ordinances, or laws, the most restrictive shall apply, unless otherwise
stated herein.
H. Relief from Standards. Unless described otherwise, any
deviation from the standards contained herein shall require approval of a
variance application, which is subject to review and approval by the City
Commission. A request for a variance shall be reviewed in accordance
with Chapter 2, Article II, Section 4.D.
Section 2. City Approval Required.
No landscape material or vegetation shall be installed, relocated, or removed
without first securing the necessary City approvals and permits as provided
hereunder, except in instances when exempt from these regulations in accordance
with Section 1.E above. The following processes and permits are intended to
ensure compliance with the standards of this article:
A. Private Property and Public Lands. The property owner
or agent shall file the following applications prior to commencement of
any of the aforementioned installation and relocation activities:
1. Site Plan Review. The site plan review process shall be
required and reviewed in accordance with the procedures set forth
in Chapter 2, Article II, Section 2.F prior to the issuance of any
land development permit. For the purpose of this subsection, the
term "site plan" is construed to include master site plan and
technical site plan applications, and to ultimately mean the process
by which a landscape plan is approved. The City Forester may
require the submittal of a tree survey, tree management plan,
irrigation plan, Native Florida Ecosystem Surveyor Inventory, or
combination thereof, as part of the site plan application, when
determined necessary to identify specimen trees or to ensure
compliance with the preservation efforts of Chapter 4, Article I,
Section 3.8.
2. Land Development Permit. The land development permit
process shall be required, and initiated only subsequent to the
approval of a site plan (landscape plan) application, except in those
instances when site plan review is not required. The land
development permit shall be processed in accordance with the
procedures set forth in Chapter 2, Article III, Section 3. The City
Forester may require the submittal of a tree survey, tree
management plan, irrigation plan, Native Florida Ecosystem
Surveyor Inventory, or combination thereof, as part of the land
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development permit application when determined necessary to
identify speCImen trees or to ensure compliance with the
preservation efforts of Chapter 4, Article I, Section 3.B. The
issuance of a land development permit shall not relieve any party
from obtaining the necessary permits which may be required by the
various federal, state, or local government agencies.
B. City Rights-of-Way. A right-of-way permit application shall be
required for any proposal to install or relocate plant material within a city
right-of~way in accordance with the procedures set forth in Chapter 2,
Article III, Section 4.
Section 3. Landscape Design Principles.
The following design principles shall be applied in conjunction with the design
and buffering standards of this article:
A. Natural Landscapes. Landscape designs should preserve
and enhance existing natural landscapes, specimen trees, and native
vegetation. Where previous landscaping has dramatically altered natural
landscapes, new designs should re-establish original landscape patterns
and plantings.
B. Composition. The quali ty of a landscape design IS
dependent not only on the quantity and selection of plant materials but
also on how that material is arranged. Landscape materials should be
arranged in a manner as to provide textured appearance and contrasting
color through the use of a variety of plant materials. The three-
dimensional form of the landscaping should be considered, so that the
final design presents a coherent whole.
C. Buffering and Screening. The use of natural landscape
materials (trees, shrubs, hedges) is preferred over the sole use of human~
made materials, such as buffer walls and fences, for buffering differing
land uses, for providing a transition between abutting properties, and for
screening the view of any parking, storage, or service areas visible from a
public street or pedestrian area.
D. Responsive to Local Character. Landscape designs should
build on the unique physical characteristics of the site and general area,
conserving and complementing existing natural features. Naturalistic
design elements such as staggered plant spacing, undulating berm
contours, and mixed proportions of plant species should be used to ensure
that new landscaping blends in and contributes to the quality of the
surrounding area.
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E. Use of Drought Resistant and Native Plants. Landscape
designs should utilize drought tolerant plant materials to the maximum
extent feasible. The use of drought-tolerant plants should enrich the
existing landscape character, conserve water and energy, and provide as
pl~sant colorful and varied a visual appearance as plants that require
more water. Landscape designs should feature native and/or related plant
species, especially in areas adjacent to existing native vegetation, to take
advantage of the unique natural character and diversity of the region and
the adaptability of native plants to local environmental conditions. Where
feasible, the re-establishment of native habitats should be incorporated
into the landscape design. Plant selection should be based on the plant's
adaptability to site conditions and existing native plant communities.
particularly considering appTopriatehardiness zone. soil type and moisture
conditions. light. mature plant size, desired effect. color. and texture.
Plant species that are drought-:tolerantand freeze-tolerant are preferred.
F. Continuity and Connection. Landscaping should be
designed within the context of the surrounding area, provided that the
landscaping is also consistent with these design principles. Whether the
design intent and surrounding landscape is naturalistic or formal, plant
materials and design should blend well with adjacent properties,
particularly where property edges meet, to create a seamless and natural
landscape.
G. Enhancing Architecture. Landscape designs should be
compatible with and enhance the architectural character, features, and
scale of the buildings on site, and help relate the building to the
surrounding landscape. Major landscape elements should be designed to
complement architectural elevations and rooflines, through color, texture,
density, and form on both vertical and horizontal planes.
H. Energy Conservation and Sustainable Design. Attention
should be given to locating landscape elements in a manner that supports
energy conservation. Large tree canopies should be utilized to provide
daytime shading for buildings, reducing t.'l1ergy consumed for interior air
conditioning. Landscape desibYlls should also consider natural drainage
features and the use of pervious surfaces and areas to minimize
storm water runoff. The use of pervious surfaces is preferred. therefore
impervious surfaces and materials within landscaped areas should be
limited to borders. sidewalks, step stones. and other similar materials.
Grave1, river rock. shell and similar materials should be used minimally
because they increase the need for herbicide use, have no habitat value.
reflect rather than absorb heat, and do no produce oxygen like plants.
Finally. the solar orientation of the proiect and its relationship to other
properties should be considered as this may produce microclimate
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exposures (e.g., sun VS. shade. southern exposure vs. northern exposure.
surrounded by heat-reflective surfaces, etc. ).
1. Quality Pedestrian Environment. Landscape designs should
glVe special attention to ensure a safe and attractive pedestrian
environment. In high activity areas, such as commercial and workplace
settings, benches, kiosks, artwork, and other streetscape elements should
be incorporated into landscape designs. Pedestrian access to sidewalks or
buildings should be considered in all landscape designs, with special
consideration of pedestrian sightlines, especially at crosswalks.
J. Pesticide Mana2ement.
i. Generallv. All app 1i cations of pesti cides. including
W eedandFeedproducts. for hire should be made in accordance
with federal and state law and with the Florida-Friendly Best
Management Practices for Protection of W aterResources by the
Green Industries or latest supplement thereof.
2. Inte2ratedStrate1!V. Property owners and managers arc
encouraged to use an Integrated Pest Management Strategy as
currently recommended by the University of Florida Cooperativ~
Extension Service Publications.
K. SitePreuarauon. Maintenance. anrlCuttin2.
1. Generally. Landscape maintenance for hire should be
performed in accordance with recommendations in the Florida-
Friendlv Best Manaf!ement Practices for Protection of Water
Resourcesbv the G1'een Industries. In no case should grass
clippings. vegetative material. and ! or vegetative debris either
intentionally or accidently. be washed, swept. or blown off into
storm water drains. ditches. conveyances. water bodies. wetlands.
or sidewalks or roadwavs. When mowing near a shoreline, direct
the chute away from the water body. Riparian or littoral zone
plants that do not require mowing or fertilization should be planted
in these areas.
2. Shoreline Considerations.
!.: Gradin2 and Desi2n.Grading and design of
property adiacent to bodies of water shall conform to
federal, state. and City regulations, including but not
limited to tbe use of berms and ! or swales to intercept
surface runoff of water and debri~_ that .!lli!Lfontain
fertilizers or pesticides.
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b. Low Maintenance Zonc. A voluntary
six (6) foot low maintenance zone is recommended from
any pond, stream, watercourse. lake. wetland. or from the
top of a seawall. A swale I 'berm system is recommended
for installation .at the landward ed~e of this low
maintenance zone tocaoture and filter runoff. If more
stringentCitvregulations . apply. this principle does not
relieve the requirement to adhere to the more stringent
regulations. No mowed or cut vegetative material should
be deposited or left remaining in this zone or water. Care
should be taken to prevent the over-'sprayof aquatic weed
products in this zone.
!:: Miscellaneous. Also refer to the Florida
Department of . Environmental Protecti on's (FDEP)
"FloridaW aterfrontProperty Owners Guide" or the Florida
Fish and Wildlife Conservation Commission' s"lnvasive
Plant Management Section." Where water levels vary
considerably. care .mustbe taken in the se1ectionof these
plants. . Mangrove trimming shall be performed In
accordance with Florida Statutes. The Florida Waterfront
Property Owners Guide should be referred to for additional
information about Florida-Friendly shoreline llractices.
Section 4. Standards.
It is the objective of this section to provide landscaping standards tailored to
distinct geographic areas of the City to ensure that the type, quantity, and size of
required material is commensurate with the type, intensity, scale, and location of
new development and parti cularl y consistent with vehicular movement,
streetscape design, pedestrian habits and routes, and design relationship between
projects. The intent of these staUdards is to promote a landscape design pattern
that is functional, practical, equitable, and creative.
A. City-Wide Standards. The following standards shall apply
to all properties in the City, except for those exempted in Section I.E of
this article:
1. Native and Drought Tolerant Species. Plant materials
to be used are limited to those classified as "low" and "medium" in
the publication "Waterwise South Florida Landscapes," published
by the South Florida Water Management District (SFWMD). The
maximum extent possible, plant selection should emphasize
Waterwise or Florida-Friendly plants.
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2. Prohibited Species. Plants classified as a Category I
species on the current prohibited list published by the Florida
Exotic Pest Plant Council (FLEPPC) is not allowed within the
City. The initial eradication and ongoing removal of prohibited
plant species that have become nuisances because of their tendency
to disrupt or destroy native ecosystems is promoted herein.
3. Plant Material. All plant P1aat 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", State of Florida, Department of
Agriculture, Tallahassee, or equal thereto. Sod shall be clean and
reasonably free of weeds and noxious pests or diseases.
a. Trees. The caliper of all trees, except for
palms and those trees classified as a development's
"signature tree" (see subparagraph "(1)" below) shall be a
minimum of four (4) inches at the time of installation. The
caliper shall be measured no higher than six (6) inches
above the ground. No minimum caliper size is required for
palm trees. However, palm trees shall have a minimum of
six (6) feet of clear wood at the time of planting.
-..-...----y
I
i
i
!
i
f
Ckmf v,/Ood '.mtil mill, 6'
(1 ) Signature Tree. A signature tree shall
be installed at both sides of a development's
entrance (ingress). The caliper of a development's
signature tree shall be a minimum of one (1) inch at
the time of installation. Signature trees, if sized
with a caliper ofless than four (4) inches at the time
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of installation, cannot count toward meeting the
mInImum number of trees required on-site.
Signature trees include the following species:
(i) Purple Glory Tree -- (Tibouchins
grsnule8a);
fH1 Yellow Elder (Tecoma stan~');
(ill ~ Bougainvillea
(Bougainvillea);
(iii) fW) Glaucous Cassia; ( Cassia
surattensis); and
(Iv) M Orange or White Geiger
(Cordia sebestena or boissieri).
(2) Species. The minimum number of
different species of trees provided shall be as
follows:
See next page.
- (i) Table 4-1 Tree Species.
N umber of Trees Number of Required
Provided Tree Species
1-5 1
6-10 2
11-30 3
3 1-60 4
61-100 5
101 and over 6
(ii) Signature trees, if sized with a
caliper of four (4) inches or greater at the
time of installation, may count towards
meeting the minimum number of required
specIes of trees. The caliper shall be
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measured no higher than six (6) inches
above the ground; and
(iii) Palm species, in a cluster of three (3)
trees with varying heights, shall represent
the equivalent of one (1) canopy tree.
b. Shrubs and Hedges. Shrubs and hedges shall be
planted a minimum of 24 inches in height, 24 inches in
spread with tip-to-tip spacing measured immediately after
planting to form a continuous opaque landscape barrier
within one (1) year. The minimum hedge height may be
reduced to 18 inches if planted in conjunction with a berm
where the minimum combined height is 36 inches.
c. Vines. Vines shall be a minimum of two (2)
feet in height, spaced five (5) feet apart immediately after
planting. Vines may be used in conjunction with fences,
screens and / or walls to contribute towards meeting
physical screening requirements as specified.
d. Lawn. While sod / turf areas have practical
benefits in a landscape, the magnitude and location of the
sod in aproiectrepresents the majority of a site's irrigation
needs. Irrigated sod / turf areas. as opposed to non-
irrigated sod / turf areas are considered to be a high water
use (hvdrozone). Therefore. in all developments, inc1udinl!.
public and private parks. the use of sod / turf shall be
restricted to park and open space areas intended for passive
or active recreation purposes or when required for drainage
and storm water mana~ement (e.g., swales. retention.
detention areas) when the use of other drought tolerant
surface material is not feasible. Sod / turf shall be installed
such that it can be irrigated using separate zones. The
intent is to promote sustainable landscaping design by
reducing water consumption and unnecessary irrigation of
small. strip. or remnant surfaces of a site. The use of
drought tolerant plant material is preferred over the use of
sod for those areas of a site.
In all developments, including public and private parks, the
use of sod shall he restricted to large park like areas
available ['Of passive or active recreation 'Purposes, or '""hen
required for drainage and storm '~'/ater Jnanagement (e.g.
swales, retention, detention areas). The intent is t'O promote
sustainable landscapiflg design by reducing wator
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consumption and unfl5cessary irrigation of small, strip, or
r-em.nant per....ious sw-faces of a site. The use of drought
tolerant plant material is preferred O'.Tef the use of sod [.or
those areas of a site.
4. Existing Plant Material. Existing healthy plant
material, in part or in whole, may count toward required plant
material if such use furthers the objectives of this article regarding
preservation, water conservation, and beautification.
5. Water Source. To conserve water, potable water is
not to be used for irrigation purposes. Instead, alternative sources
of water shall be used for irrigating landscaping materials such as
well water, lakes. and/or reclaimed water where available and to be
used in compliance with City and County regulations. Where
ground water is not available of the quality necessary for irrigation
purposes, and other preferable sources are not available, potable
may be used in accordance with the following requirements:
a. Approval is obtained from the Department of
Utilities;
b. The site irrigation system must be designed to only
use a restricted number of gallons per month (water bill);
c. The site irrigation system must be designed to
automatically remove all established trees off watering at
the end of year one;
d. The site irrigation system must be designed for
simple removal of all established trees on separate zones
from watering at the end of the first year;
e. All trees, shrubs, and plants (no sod) used in the site
landscape design must be identified as having low watering
needs in the South Florida Water Management District's
"Waterwise" publication; and
f. Landscape and irrigation improvements must be
inspected annually for compliance with these requirements.
6. Irrigation. All landscaped areas shall be provided with
an automatic water supply system as approved through a land
development permit (see Chapter 2, Article III, Section 3).
Irrigation systems shall be designed as follows:
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a. To provide the minimal water volume based on the
particular watering needs of individual plant species~
promote water conservation, landscape (bedding)aroo.s
sballbe designod on separate zones by plant drought
to1eranoes. All trees shan oontain drip bubbler..; and be on-a
separate zone;
b. To consider soiL slope. and other site characteristics
in order to minimize water waste, includin~ overspray, the
watering of impervious surfaces and other non-vegetative
areas. and off-site runoff: Reused water may be required in
aocordanoe with Chapter 26, 1\rtic1e VIII of Part n City
Code of Ordinances ira main S1:lW1y is '.:vithin 500 feet of
the site and permitted by tIle Palm Beach County Health
Department;
c. To minimize free flow conditions in case of damage
or other mechanical failure~ The irrigation system must
contain a rain gauge;
d. To use the lowest quality water feasible. Reused
water maybe required in accordance with Chapter 26,
Article VIII of Part UCitv Code of Ordinances if a main
supplv is within 500 feet of the site and permitted bv the
Palm Beach County Health Department: Natural areas and
native vegetation, '.vhioh rem am undisturbed by
develoPlllent, may be e:x:cluded from receivillg irrigation;
e. To include rain switches and other approved
devices. such as soil moisture sensor controllers to prevent
unnecessary irrigation: Irrigation IS not required for
landscaped areas that have been eAtiroly planted '~\'ith
drought tolerant species, once established and approved by
the City . However, irr\gatiol1 systems mu,st be kept in
operatioA at all times.
f: A recommended season operating schedule and
averageorecipitationrates for each irrigation zone for both
establishment and maintenance conditions shall be
provided by the system controUer:
&: Provide the following minimum capabilities:
ill Programmable in minutes, bv day of week,
season. and time of dav:
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ill Ability to accommodate multiple start times
and programs;
ill Automatic shutoff after adequate rainfall:
111 Ability to maintain time during power
outa~es for a minimumofthree (3) days: and
ill Operationaiflexibilityto meet applicable
year.;round water conservation requirements and
temporary water shortage restrictions.
b. Precipitation rates for sprinklers and all other
emitters in the same zone shall be matched. except that
micoirrigation emitters may he specified to meet the
requirements of the individual plants.
h To consider factors that maximizes uniformity such
as:
ill Emitter types:
ill Head s-pacin~:
ill S-prinkler {>attem: and
iil Water pressure at the emitter.
1. To correlate to the organization of eachhydrozone.
All plants requmng watering during establishment.
Temporarv facilities may be installed to facilitate
establishment. Irrigation must be conducted in accordance
with restrictions imposed by the South Florida Water
Management District (SFWMD);
k. To avoid irrigation during periods of sufficient soil
moisture. automatic shut-off equi{>ment with sensmg:
devices shall be required and used;
1. If the water supply for the irrigation system is from
a well. a constant pressure flow control device or pressure
tank with adequatecapacitv shall be required to minimize
pump "cycling," if there is a pressure switch in the design:
!!!:. Check valves must be installed at irrigation heads as
needed to prevent low head drainage and puddling:
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!!.: Nozzle precipitation rates for all heads within each
valve circuit must he matched to within 20% of _ one
another:
Q; No water spray from irrigation systems shall he
applied under roof overhangs: and
l!:. Irrigated areas shall not be less than four (4) feet
wide, except when next to contiguous property or using
micro. drip. ,or spray irrigation.
!h A regular irrigation maintenance schedule shall
include but not he limited to checking. adjusting, and
repairing irrigation equipment: and resetting the automatic
controller according to the season and inspected bv the
City.
~ To maintain the original performance and design
integrity of the irrigation system. repair of the equipment
shaH be done with the originally specified materials or their
equivalents.
7. Installation. All landscaping shall be installed in
accordance with a land development permit and in a competent
manner according to certified 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).
a. Vehicular Encroachment. Landscaped areas
shall require protection from vehicular encroachment by
wheel stops, curbs, and / or decorative bollards. All
landscaped areas with trees adjacent to sidewalks or
vehicular use areas may require the use of root deflector
products to prevent damage from root growth. All
landscape areas containing trees and vegetation shall be
first filled with City inspected clean fill (soil).
b. Clean Fill. All planted areas on the site shall
first be filled with clean fill to a depth of one (1) foot from
the surface along the entire length of the green space,
island, or landscape buffer.
c. Inspection. The City shall inspect all clean fill,
irrigation systems, and landscape improvements prior to
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installation. No temporary certificate of occupancy will be
issued until the clean fill, irrigation, and landscaping
improvements meet the requirements provided herein or the
applicant submits surety for 110% of the value of the
incomplete clean fill/landscape / irrigation improvements.
Surety will be released upon completion and inspection of
incomplete improvements.
8. Mulch (Non-living Plantings). Mulch applied and
maintainedatappropriatedeptbspromotes moisture retention.
reduces weed growth. and prevents erosion. Mulch can he used in
places where conditions are inadequate iorornotconducive to
growin2qualitywoundcovers. Mulches are typically wood hark
chips, woodgrindings. pine straws, nut shells. small gravel. and
shredded 1andscapechvpings. Planting areas, including those
around individual trees shall be mulched to a minimum depth of
three (3) inches at the time of inspection and maintained at this
depth thereafter. Use ofbvproduct or recycled mulch is
recommended; however. in no instance is cyPress mulch allowed.
No Cyproosmulch shall be used. All mulch material shall be free
of seeds and weeds to prevent tree sprouting and regrowth. Plastic
sheeting and other impervious materials shall not be used under
mulched areas. Mulches should be kept at least six (6) inches
away {romarry portion of abuilding or structure. or the trunks of
trees.
9. Upland Buffer / Littoral Plantings Lake and retention
areas in excess of one-half (\12) acre shall be planted to create a
habitat that provides the optimal environment for upland and I or
aquatic species. Lakes, ponds, and rentention areas provided for
new construction or major modifications of existing projects shall
be planted as follows:
a. To occupy a minimum of 50% of lake perimeter
with littoral plantings;
b. To occupy a minimum of 50% of lake perimeter
with upland plantings contiguous with the littoral plantings;
c. To consist of a minimum of 10 square feet of littoral
shelf per one (1) linear foot of shoreline, using five (5)
different native plant species (littoral plantings);
d. To consist of a minimum of one (1) native tree, 25
native shrubs using two (2) species, and 10 native ferns and
groundcover plant species (upland plantings); and
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e. All vegetation installed contiguous, at a minimum
of three to one (3: 1 ) slope, 100% appropriate native
vegetation, installed with proper spacing for fun coverage
of littoral shelf areas within one (1) year. All littoral and
upland plantings established consistent with these standards
shall be installed, maintained, and reported quarterly to the
Director of Planning and Zoning or designee for a period of
two (2) years by a natural areas certified contractor in
accordance with a management plan approved by the City
at the time of site plan approval or permitting.
10. Landscaping within Easements. All easement
locations and specific types of easement shall be identified on the
landscape plan. Easements may overlap a required landscape strip
or perimeter buffer by a maximum of five (5) feet. However,
detention / retention areas, drainage easements, and sloped
directional swales greater than one (1) foot below finished grade,
shall not be located in or overlap required landscaped areas, unless
otherwise approved in writing by the City Engineer and the
Director of Development, or their designee. Where the conflict
between easements and landscape strips or perimeter buffers is
unavoidable, the strips and buffers may be separated from the
property boundary by the easement, if all requirements and
objectives for screening / buffering are met. Shrub and tree
selections shall be based on root characteristics and size
restrictions as described in "Waterwise", a publication of the South
Florida Water Management District, and in "Plant the Right Tree
in the Right Place," as published by the Florida Power & Light
Company.
a. All trees planted in or in close proximity to an
easement shall be installed consistent with the Engineering
Design Handbook and Construction Standards for
Landscaping, Irrigation, and Lighting.
b. Landscape strips and buffers shall be required to
extend a minimum of five (5) feet beyond the easement for
planting the largest canopy tree possible as allowed by FPL
and City standards. If a buffer wall with a continuous
footer is used, a minimum of ten (10) feet outside of the
easement for planting is required.
c. The abutting easement shall be entirely planted with
shrubs and trees according to a design similar to the
adjoining or overlapping landscape strip or buffer.
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d. Roots and branches of trees shall not impact
existing underground or overhead utilities and
infrastructure. Trees planted III close proximity to
easements shall be the largest possible and selected to
avoid aggressive root systems. Root barriers shall be
required to protect nearby underground infrastructure and
parking lots and curbing.
e. Trees shall be maintained so that the mature tree
canopy is a minimum of ten (10) feet from overhead lines.
11. Landscaping within Rights-of-Way.
a. General. Landscaping may be planted within
public rights-of-way, subject to review and approval of the
Forestry and Grounds Manager. No person may plant,
remove, destroy, prune, set out, break, cut, deface or in any
way injure or interfere with' any tree, shrub, or similar plant
on any street or alley, or upon property owned or
maintained by the city, without first obtaining a public
right-of-way permit pursuant to Chapter 2, Article III,
Section 4.
b. Relief from Standards. Any deviation from
the standards of this subparagraph would require a waiver,
which is subject to review and approval of the City
Engineer. A request for a waiver shall be reviewed in
accordance with Chapter 2, Article III, Section 5.
c. Standards. Limited non-invasive planting may
be allowed in swales and I or rights-of-way subject to the
following conditions:
(1) Sod may be placed in public swale areas
provided that such sod or grass is not permitted to
grow to a height in excess of six (6) inches;
(2) Trees may be permitted within swale areas
and medians but must be high enough so as to
provide an eight (8)-foot clearance between the
lowest hanging branch or leaf and the existing
grade;
(3) All landscape work within the public right-
of-way shall be consistent with Florida Department
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of Transportation and Palm Beach COW1ty
regulations, where applicable, and must conform to
the latest edition of the Public Works Department
Forestry and Grounds Manual and the Engineering
Design Handbook and Construction Standards for
Landscaping, Irrigation & Lighting (Volume II) or
latest supplement thereof.
(4) Planting cannot significantly interfere with
maintenance of existing utilities;
(5) If planting is allowed and installed within
swales and / or rights-of-way, the adjacent property
owner assumes total responsibility for repairing /
restoring the swale / right-of-way to its original
condition if the swale / right-of-way is disturbed for
installation and / or repair of utilities either already
in place or constructed in the future. The property
owner also assumes the maintenance responsibility
for the swale / right-of-way.
(6) Also see Section 4.B.5 below for additional
"streets cape design" requirements.
12. Landscaping wit~in Off-Street Parking Lots. The
intent of this subsection is to encourage landscape design that will
facilitate the optimal growth of hardy trees, prevent future damage
to off-street parking areas from tree root systems, and to enhance
and screen off-street parking areas. Off-street parking and
vehicular use areas shall include landscape islands designed as
follows:
a. Required Landscaping. Off-street parking
areas, excluding those spaces located within parking
garages, shall have at least 25 square feet of parking lot
landscape islands (e.g., green space) per parking space,
including those on-street parking spaces allowed III
accordance with Chapter 4, Article V, Section 4.C;
b. Tree Size and Type. Parking lot landscape islands
shall be designed to correspond with the size and growing
characteristics of the intended tree species. Types of
required trees exclude palm speCIes, and tree Slzes
proposed within each island shall directly correspond with
the size descriptions included in the South Florida Water
Management District publication, "Waterwise";
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c. Large Islands. Landscape islands sized
greater than 224 square feet in area are defined as "large
islands" and shall not be less than 15 feet in width in any
dimension. Each large island shall contain a minimum of
one (1) tree, classified as a large tree (see paragraph "b"
above for description of a large tree). A minimum of 75%
of the landscape islands shall be large islands within
developments that are required to have up to 249 parking
spaces. A minimum of 85% of the landscape islands shall
be large islands within developments that are required to
provide 250 or more parking spaces;
d. Small Islands. The remaining required green
space within off-street parking areas shall be allocated to
"small islands", which are defined as landscape islands
sized at least 150 square feet in area and no less than 1 0
feet in width in any dimension. Each small island shall
contain one (1) tree classified as a "small" tree;
e. Plantings. All landscape islands shall be
entirely planted with shrub species;
f. Cross Visibility. All plant material proposed
within each landscape island shall maintain unobstructed
cross-visibility at a level between 30 inches and eight (8)
feet above pavement to avoid traffic hazards. Canopy or
palm trees shall not have limbs and / or foliage that extend
into this cross-visibility area. Plant selection should be
based on the growing characteristics as described in the
publication "Waterwise" to best conform to the visibility
requirements stated above and to allow for proper
maintenance without degrading the quality and appearance
of established plant species; and
g. Lighting. Lighting fixtures within off-street
parking areas shall be strategically located to avoid future
conflicts with mature tree canopies.
13. Maintenance.
a. General. The property owner shall be
responsible for the maintenance of all irrigation and
landscaping which shall be maintained in a certified
condition so as to present a healthy, neat, and orderly
appearance free from refuse and debris. All newly
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landscaped properties shall receive an initial clean fill /
landscape / irrigation inspection and thereafter a semi-
annual inspection for compliance with these regulations.
All conflicts between landscape improvements and site
sign age, parking lot light fixtures, or vehicular safety
movements will be corrected as part of the semi-annual
inspection process.
b. International Arborist Association (IAA)
Standards. All plantings, including trees, must not be
trimmed or sheared of foliage during the first !:,'Towing year
and must be maintained to continue the buffering/screening
objective of these regulations. All existing and newly
installed trees must be trimmed under the supervision of a
Certified ArbOlist in accordance with the standards of the
International Arborist Association (IAA). All existing and
newly installed materials not pruned in accordance with the
IAA standards must be removed and replaced on the site.
The total diameter inches of the 'new trees must equal the
total number of diameter inches of the improperly pruned
tree(s). Any trees removed in violation with these
regulations will be replaced in compliance with this
section. Site maintenance shall not alter screening or
barrier below the intended requirements of these
regulations.
c. Appearance and Maintenance. Also see Part
II (Code of Ordinances), Chapter 15, Article IX, Section
15-120 for mInImum standards regarding general
appearance and maintenance of landscaping on public and
private property.
14. Cross-Visibility and Safe-Sight. The purpose of this
subparagraph is to promote the creative and efficient design of
landscaped areas within off-street parking areas and other
vehicular use areas, or near rights-of-way. The intent is to create
functional and quality pervious surfaces for drainage / storm water
management, III conjunction with increasing the visuaT
enhancement of off-street parking areas. Landscape design shall
provide safe and unobstructed views for pedestrians and motorists
moving throughout the project:
a. Visibility at Corners of Rights-of-Way.
Landscape material, within a niangular-shaped area of
property formed by the intersection of two (2) rights-of-
way, shall maintain unobstructed cross-visibility at a level
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between 30 inches and eight (8) feet above the pavement to
avoid traffic hazards pursuant to Chapter 4, Article VIII,
Section 3.CA.u. Canopy or palm trees shall not have limbs
and / or foliage that extend into this cross-visibility area.
Landscape material, except low growing shrubs, shall be
located at least three (3) feet from the edge of a sidewalk.
The size of this triangular-shaped area shall be designed in
accordance with the Engineering Design Handbook and
Construction Standards.
b. Driveway Openings along Rights-of-Way.
Landscaping on both sides of each project entrance
along rights-of-way shall contain a signature tree in
accordance with Section 4.A.3.a.(1) above and a minimum
of two (2) colorful and / or flowering shrub species (3
different species if sufficient space is available). Design
emphasis shall be placed on clear understory and low-
growing or dwarf varieties of landscape material with a
maximum height of 30 inches, in order to comply with
visual obstruction regulations (see Engineering Design
Handbook and Construction Standards and Chapter 4,
Article VIII, Section 3.CA.u.). The plant material required
in this subparagraph may also count towards meeting the
minimum requirements for landscape strips abutting rights-
of-way (see Section 4.B.2 and Section 4.C.2 below).
c. Driveway Openings (and Cross-Access) Between
Properties. Landscaping on each side of a driveway
opening that connects abutting properties shall be designed
with an emphasis on clear understory with low-growing or
dwarf varieties of plant material. All plant material
proposed shall maintain unobstructed cross-visibility at a
level between 30 inches and eight (8) feet above pavement.
Canopy or palm trees shall be trimmed up eight (8) feet so
that limbs and / or foliage does not create a traffic hazard.
15. Raised Planters. Raised planters shall be allowed,
contingent upon the following:
a. A minimum setback of three (3) feet is required
from all property lines;
b. No planter shall exceed a maximum height of six
(6) feet.
c. All planters shall contain clean fill.
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d. Planters shall be located to comply with Cross-
Visibility and Safe Sight regulations of Section 3.A.14
above.
16. Maximum Height of Hedges. The maximum height
of hedges shall be eight (8) feet above finished grade, except as
described below:
a. Multi-Family and Townhouse Developments.
Hedges shall be a maximum of six (6) feet in height
when located within landscape strips abutting rights-of-way
for all developments that have less than 400 feet of frontage
on typical City streets. However, the maximum height of
hedges (located within the landscape strip abutting rights-
of-way) may be increased to eight (8) feet when in
compliance with the following:
(1) The street frontage of the development is at
least 400 feet in length;
(2) The development has no more than one (1)
parking lot driveway opening or access point along
said street frontage;
(3) The placement of the hedge shall not cause
any traffic line-of-sight obstruction and must
comply with the visibility requirements of Chapter
4, Article VIII, Section 3.CA.u, "Visual
Obstructions of Intersections".
b. Miscellaneous. Where adjacent to golf
courses, golf driving ranges, Interstate 95, railroad rights-
of-way, along property lines where residential abuts
commercial or industrial uses, and along property lines
where residential abuts parks (public or private): 10 feet,
other than within the front yard setback.
17. Soils. Existing horticulturally suitable topsoil shall be
stockpiled to be equal to two times (2x) the amount or top soil
needed for that particular site. and re-spread during final site
~ading. Any new soil required shall be similar to the existing soil
in pH. texture. permeabilitv. and other characteristic. unless
convincing evidence is provided that a different tyPe of soil
amendment is justified. 4. The use of solid waste compost as a
soil amendment is encouraged where it is appropriate. Gffi:fte
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Prevoo.tion Through Enviroflffiental Design (CPTED). bee
Chapter 4, Article HI, 8eetioH S.B forad.ditional regulatiollS
regarding landseaping and CPTED guidelil'\es.
18. Pesticides. When using pesticides. all label instructions
ofFeder-al and State law must be adhered to.
19. Crime P,revention Throoe:h Environmental Desie:n
(CPTED). See Chapter 4, Article III. Section S.B for additional
regulations regarding landscaping andCPTED ~idelines.
S:\Planning\SHARED\WP\SPECPRO.l\CODE REVlEW\CDRV II-OQ6 Florida-friendly landscaping\Exhibit B]roposed Language (post
industry comments).doc
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EXHIBIT "C" - THE NINE FLORIDA~FRIENDL Y PRINCIPLES
1. Right Tree / Right Place. Almost any plant will survive in your landscape if
you plant it in the right place. You can drastically reduce the need for water, fertilizer,
pesticides and pruning if you follow these tips:
. Make a note of the type of soil, sunlight exposure and water conditions of the
planting site before you shop. Choose plants that thrive under the conditions
you noted.
. Limit the number of plants that need a lot of water or care.
. Keep only as much grass as you directly use for recreation and other purposes.
Plant beds and mulched areas use less water than grass.
. Remove invasive exotic plants so they don't steal water and nutrition from
your desired plants.
2. Water Efficiently. Typically, up to 50% of water used by households is used
outdoors. Efficient watering will not only help you save money and conserve water, but
can also create a healthier landscape. Follow these tips to save water and money:
. Grass doesn't need as much water in the cooler months of December, January
and February. In fact, 1/2" to 3/4" of water every 1 0-14 days is enough.
. During the summer months of July, August and September, yards need only
about 3/4" of water every 3 to 5 days. This region will usually get that from
rainfall, so you can turn off your irrigation system for extended periods of
time.
. Water your lawn and plants only when you know they need it or show signs of
stress.
. Use a rain gauge or moisture sensor so you will know if rainfall has done the
job.
. Install a drip or micro-spray system in your plant beds. They use water more
efficiently than traditional spray heads.
. Install an automatic rain shutoff device to stop watering when it's rained
enough.
. Stop overwateringl Overwatered grass has short roots that make it harder to
survive pest attacks, disease and drought.
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. Collect water in a rain barrel to use to water your plants.
3. Fertilize Appropriately. When too much fertilizer is applied to landscapes, it
seeps past the root zone of the grass, plants or trees and into the aquifer or runs off into
water bodies. Plants, animals and people depend on clean water for survival. Follow
these tips to help prevent water pollution:
. Fertilize lawns, trees and plants only to maintain health. Don't exceed
recommended amounts. Fertilizer will not help poor growth caused by too
much shade, disease or pests.
. Use slow-release fertilizers that make nutrients available to plants for a longer
time. They are kinder to the environment and are usually more cost-effective.
. Use iron instead of nitrogen if you want to green-up your lawn.
. Hold off on fertilizing if a heavy rain is expected, and don't overirrigate after
applying.
. Follow the application directions on the fertilizer package.
. A void weed and feed products.
4. Mulch. Who likes to weed? Keeping mulch on your plant beds helps
control weeds, retain soil moisture and reduce erosion and stormwater runoff. Follow
these tips when mulching:
. Cut down on mowing by replacing grass with mulch in areas that are shaded
or difficult to mow.
. Keep the level of mulch up to 2-3 inches by applying it once or twice a year.
. Keep mulch 2 inches from the base of plants to avoid disease.
. Let fallen tree leaves stay under a tree to create self-mulching areas.
. Look for cypress mulch that is not harvested from Florida's wetlands.
. Choose recycled mulch or alternatives like melaleuca, leaves, pine needles or
bark.
5. Attract Wildlife. Friendly visitors, like butterflies and beneficial insects, will
enjoy your landscape if you provide food, water and cover. Attract wildlife by following
these tips:
. Plant vines, shrubs and trees to create cover, nesting areas and food.
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. Provide a water source such as a birdbath or a small pond.
. Provide wildlife shelters such as a bat house, birdhouse, or brush pile.
. Protect the health of wildlife visitors. Limit pesticide use by spot-treating
only the areas that need attention.
. Consider including native plants in your landscape. They are the natural food,
shelter and nesting plants of our local wildlife.
6. Manage Yard Pests Responsibly. When it comes to pest management, nature
takes care of itself] Misused pesticides in your yard can run off into waterways and harm
beneficial insects. Follow these tips when managing yard pests:
. Learn to identify beneficial insects and let them do the work for you.
. Be tolerant! Low levels of pests will do minimal damage.
. Check plants regularly and prune off a plant's infected areas or pick off
insects when possible.
. Use pesticides only to spot-treat affected plants and lawn areas. A void
blanket applications.
. Choose the least-toxic pesticides such as horticultural oils, insecticidal soaps
and Bacillus thuringiensis (BT).
. Read and follow pesticide labels carefully for safe use and disposal.
7. Recycle. Recycling your yard waste back onto your lawn and landscape can
improve the fertility and water-holding ability of the soil and help aerate soil that has
become compacted.
. There's no need to bag or rake lawn clippings. Leave grass clippings on the
lawn to recycle nitrogen.
. Use fallen leaves and pine needles as mulch under trees and shrubs.
. . Create and maintain a compost pile with yard waste and kitchen scraps (no
animal products). Compost is a great natural fertilizer and mulch.
8. Prevent Stormwater Runoff. Stormwater runoff can carry pollutants,
pesticides and excess fertilizers into bays, rivers, lakes and groundwater. Remember that
what goes in your storm drain can find its way into our water sources. Follow these tips
to help reduce stonnwater runoff from your yard:
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. Direct downspouts and gutters onto your lawn and plant beds, or into rain
barrels, cisterns or containment areas.
. Use mulch, bricks, gravel or other porous surfaces for walkways, patios and
driveways.
. Sweep grass clippings, fertilizer and soil onto the lawn so they don't get
washed into storm drains.
. Clean up oil spills and leaks on the driveway. Use cat litter to absorb oil.
. Pick up pet waste to help reduce bacterial and nutrient pollution.
. Remove trash from street gutters before it gets washed into storm drains.
. Use swales (low areas) to hold and filter water.
9. Protect the Waterfront. Bays and waterways contribute to the quality of life
in Florida. Waterfront owners can help protect these fragile natural treasures by following
these tips:
. Never prune mangroves or remove any vegetation without first seeking proper
permits and guidelines.
. Establish a maintenance-free zone of at least 10 feet between your landscape
and a water body.
. Remove invasive exotic aquatic plants by cutting, pulling or raking.
. Plant a buffer zone of low-maintenance plants between your lawn and
shoreline to absorb nutrients and to provide wildlife habitat.
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