HomeMy WebLinkAboutDocumentation_Regular_Tab 4A_2/22/1990 ' I . • rt
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VILLAGE OF TEQUESTA
o ` `., Post Office Box 3273 • 357 Tequesta Drive
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�' ��; t Tequesta, Florida 33469-0273 • (407) 575-6200
40 — ° FAX: (407) 575-6203
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MEMORANDUM :
TO: Village Council
FROM: Thomas G. Bradford, Village Manager -
DATE: February 15, 1990
SUBJECT: Landscape Ordinance No. 377; Agenda Item IV-A '
In accordance with your request, we have scheduled Ordinance No.
377 for first reading on February 22nd. At the Public Hearing, I
will provide an overview of the Ordinance. In response to your
previous comments the last time this was presented to you, we have
made two basic changes as follows:
o Previously the Ordinance referenced an approved tree list
and an approved plantings list as well as the South Florida
Water Management District Xeriscape Manual. We have
eliminated all reference to those documents and now
reference only the South Florida Water Management District
Xeriscape Plant Guide II in order to simplify the Ordinance
while providing greater landscaping options to developers
and property owners.
o Throughout the Ordinance, we have delineated the acceptable
plantings by specifying the concerns of the Village Council
relative to drought tolerance, invader species, hardiness
zone designation (cold tolerance) and salt tolerance.
Trees have also been required to have a medium or high wind
tolerance.
TGB/mk
•
ORDINANCE NO. .. 377
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING
ORDINANCE NO. 355, THE COMPREHENSIVE ZONING
ORDINANCE OF THE VILLAGE, AT SECTION X,
"SUPPLEMENTAL REGULATIONS, ITEM (H) LANDSCAPING;
GENERAL, REQUIREMENTS; " PROVIDING OBJECTIVES,'
PROVIDING REGULATIONS FOR LANDSCAPING DURING
RENOVATION OF EXISTING PROPERTIES; PROVIDING FOR
AMORTIZATION OF NONCONFORMING AREAS; PROVIDING
ADDITIONAL REGULATIONS FOR LANDSCAPING AND
MAINTENANCE OF OPEN LAND USES; PROVIDING FOR
ENFORCEMENT, PUBLIC HEARING ON FAILURE TO COMPLY,
AND FOR A LIEN TO BE FILED AGAINST THE PROPERTY
FOR UNPAID ASSESSMENTS; PROVIDING FOR PERFORMANCE
SURETY; PROVIDING FOR THE REPEAL OF ORDINANCES OR
PARTS OF' ' ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; PROVIDING
CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, as follows:
Section 1. Ordinance No. 355, The Comprehensive Zoning
Ordinance of the Village of Tequesta, Florida is hereby
amended at Section X (H) Landscaping; General Requirements, to
read as follows:
"Section X (H) Landscaping: General Requirements
( 1 ) Objective.
The objective of this section is to improve the appearance
of off-street vehicular parking, open lots, and service areas
in the Village, and to protect and preserve the appearance,
character, and value of the surrounding neighborhoods and
thereby promote the general welfare by providing standards for
the installation and maintenance of landscaping for screening
and aesthetic qualities, since the Village Council finds that
the peculiar characteristics and qualities of the Village
justify regulations to perpetuate its aesthetic appeal on a
Village-wide basis.
(2) Application.
e
�� Landscaping shall be provided in all zoning districts
/�, ' according to the following regulations, however, single
o\I l7 Sid Z family lots are exempt from these provisions.
��oNl 6_ (a) Landscaping during Renovation of Existing
�5la Properties.
Whenever an existing structure is altered in any
way, requiring approval of the Community
Appearance Board and/or the Village Council,
landscaping, if not in accordance with present
criteria requirements set forth herein, shall be
upgraded by the responsible party to meet the
requirements of this Code; unless in the opinion
of the Village Council, such up-grading is
impractical or would result in undue hardship.
In this case, the Village Council reserves the
right to waive such portions of the criteria as
it deems advisable.
(b) Non-Conforming Areas.
Any parcel of land upon which a structure has
been heretofore erected and which received a
Certificate of Occupancy prior to the date upon
which this ordinance is adopted, which does not
conform to the requirements and regulations of
this Code, shall be landscaped by the responsible
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party ' according . to the 'requirements hereof,
' within five (5) '• years ' of :the date of enactment '
hereof.
In the event ' it is determined that it his
impractical or would result in undue hardship for
a, property .. to come 'irito , compliance with the
provisions of. this Code. in accordance with this
• section, the Village Council 'reserves' the' right
' ' to waive 'such portions of , the criteria as it
deems advisable. "Financial . hardship shall . not be _ •
considered as a primary reason for a waiver but
.rather consideration for waiver shall. be granted
primarily upon the basis of the practicality and
: ability , of. ;a property to come into compliance
with the terms. hereof. . - .
•
(c) Landscaping of Open Land Uses.
(1 ) Commercial Areas. Open land uses shall
mean - 'open air 'parking lots, private or public;
and .. parking ' areas serving any commercial,
' business, service, multi-family or institutional
use, however, these requirements shall not apply
,to single family residential lots. Any open land
use area which abuts any public street right-of- '
Way or abuts or is across any alley from any land
used for residential . use shall be required to
provide . a planting strip inside the property
• line.. Said planting strip shall have a width of '
at least five' (5) 'feet where .vehicular use areas'
abut adjacent land uses and a width of' at least
' ten (10) feet where. vehicular use areas abut
Public and/or ' private street right-of-way. Said
planting strips shall be planted with a hedge, at
the time of planting, of at least twenty-four '
(,24)' • 'inches in height to, grow to . a minimum of
' four (4) '. feet, but not to exceed six (6) , feet in •
height and. shall have trees planted as required ,
in paragraph three (3) below.
('2) Residential Areas. In the planting strip •
abutting and/or immediately adjacent ' to .
residential .. areas there shall be erected a living
hedge not more than six (6) . feet from said
residential property line. Said hedge must be
planted • prior to issuance of a Certificate of
Occupancy and . must be ,planted not more than two .
(2) feet on ' center and must be .maintained at a
height of not less than six (6) feet and not more
than ten. .(10) . feet. ' Additionally, a solid opaque
fence 'and/or wall of not less than five (5) feet
but not more :than six (6) feet shall, be required
and .shall be located on the property so that the
. living• hedge faces and is nearest to the adjacent
residential area. .
(3). Planting Strip Remainder Area.. .The area of
the required planting strip not occupied by a
fence' or. .hedge. shall be provided with, grass or . . .
other plant ;,ground '.cover material. In addition,
one (1) canopy tree shall be provided 'for each
thirty (30) linear feet of such landscaped area.
Such trees shall ' be not less than twelve (12)
' feet high at the time of'. planting with a minimum
• of five (5) ' feet of .clear trunk. In the event
• palm trees are planted 'in lieu of canopy trees,
. said palm trees . may be clustered in groups of
three and three palm trees shall be required- for
. , .each canopy tree required under this section.
Palm ,Trees . shall be , planted with a minimum. of
twelve (12) feet of gray wood or clear trunk at
.
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time of planting. Only fifty ( 50%) percent of
all trees provided in the landscaping plan shall
be Palm Trees.
(4) Access. Necessary access ways from public
rights-of-way through all required landscaped
areas shall be permitted to service the open land
use. The width of access ways shall be included
in the lineal footage calculation to determine
the number of trees required in a required
planting strip area. Access ways shall in no
event exceed twenty-four (24) feet in width.
Only one access way . shall be allowed for each
street frontage.
(5) Irrigation. All landscaped areas and
planting areas shall be provided with automatic
irrigation facilities which shall be maintained
in working order at all times.
(6) Interior Landscaping Commercial Parking
Areas.
a) Rows of parking spaces shall be terminated
on both ends by landscaped islands which measure
not less than six (6) feet in width (outside of
curb to outside of curb) and twenty (20) feet in
length. At least one (1 ) tree shall be planted
in every six (6) foot by twenty (20) foot
island. The remainder of the terminal island
shall be landscaped with grass, ground covers or
shrubs or a combination of any of the above.
b) Additional interior landscape islands shall
be placed within rows of parking spaces so that
there is at least one (1) interior island for
every ten ( 10) parking spaces or fraction
thereof. Said island shall measure not less than
six (6) feet in width (outside of curb to outside
of curb) and twenty (20) feet in length. At
least one ( 1 ) tree shall be required per island,,
with the remainder of the island landscaped with
grass, ground covers, shrubs or a combination of
any of the above.
(c) In addition to the requirements above, a
landscape divider median shall be placed between
abutting rows of parking spaces and rows of
parking spaces and driveways. The minimum width
of said divider median shall be five (5) feet and
shall continue the entire length of the parking
row to the terminal landscape island. There
shall be one (1) tree planted per forty (40)
linear feet of required landscape area. The
remainder of the divider median shall be
landscaped with grass, ground covers, shrubs or a
combination of any of the above.
(d) Trees of the species designated within
South Florida Water Management District Xeriscape
Plant Guide II which is adopted as part of this
ordinance and attached hereto shall be planted in
each planting area provided that each species
•
planted shall be designated as Moderate Drought
Tolerant or Very Drought Tolerant, a non-invasive
species, have a Hardiness Zone designation other
than Tropical, be proposed for planting with_
regard for salt tolerance depending upon the
proposed geographic location and its proximity to
the Atlantic Ocean and have a Medium or High Wind
Tolerance. All designations referenced herein
shall be as indicated within the South Florida
Water Management District Plant Guide II. Tree
plantings shall meet the landscaping requirements
of the Village.
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(7)Commercial ' Parking Areas Abutting Other Uses. In
• ' 'commercial parking areas where ' one (1 ) off-street
parking area. adjoins . or abuts another such parking .
area under different ownership or use, a= landscaped •
planting strip not less than five , (5) feet wide
maintained in good condition .shall be required. It
' is the intent of this ,:section that each adjacent
- strip. shall require.,the five- (5) foot planting strip -• '
with 'the intent 'being that; a minimum combined ten-
. -(10)`' foot landscape separation be maintained between
uses.
• ' ' (8)Vegetation ` Selection, Criteria. .The 'Village -,shall
require the use of native vegetation as referenced
. in the South Florida . Water Management District.
Xeriscape': Plant Guide II, said species to, be used to
. the greatest extent possible and where 'practical.
Sixty, (60%) percent of all, required landscaping '
Shall. be landscaping indigenous to' th a .South Florida ' .
area .. as indicated in said Xeriscape Plant Guide' Il. •
- Additionally, each species planted shall be
I designated as ' Moderate ' ' brought Tolerant or Very
Drought Tolerant, . 'a non-invasive ' ,species, have a
Hardiness Zone • designation' •other, than Tropical .and .
be , proposed for . planting with ' regard for salt .
tolerance ' depending" upon - the proposed - geographic
. location and its proximity , to the Atlantic Ocean.
-All . ,designations referenced herein. shall ,be 'as
' ' indicated within the South Florida Water Management
District' Xeriscape Plant Guide II.
(9) Tree Protection. Whenever appropriate, existing
. trees shall be conserved and integrated into the
approved, landscaping design plan.. Along with the
submission-, of the landscape plan, a tree inventory -
survey shall be submitted :which sets forth ,in detail '
' the landscaping existing'. on the ,property prior to
. development. : Said survey shall be accomplished by a
registered land ' surveyor and shall reference ail
trees of three (3) inches in diameter or .greater.
(10) -Percentage of Landscape Coverage Required. ;
Fifteen ( 15%) percent minimum of the' gross parking.
area is to be devoted •to living landscaping, which
includes grass, . ground Cover, plants, shrubs and
trees._ The gross parking area is to be measured
. from 'the edge of parking and/or driveway paving and
sidewalks, extended 'five (5) feet in all directions,
but .is .. not to . include . . any areas enclosed by the
building or covered'by a building overhang.
' (11') Required Landscaping Surrounding Principal .
.Structures. Parking rows, and traffic aisles must be
separated from principal ,structures on the side and
'front by a landscape" strip' of at least four (4) ,feet
width. -Where ' a building fronts on two' streets, all .
sides of the building must be separated from parking
- • rows and traffic 'aisles by a landscape strip of at
least four (4) ,feet in width.
(12) Compatibility with U:S. Highway One and
Tequesta Drive Streetscapes:, Landscaping. plans of
• • properties abutting or adjacent to-U.S. Highway One- .
and - Tequesta Drive,, or any other,: street upon which •
' the Village Council .has adopted a streetscape plan,
shall, to the extent possible, conform to the themes
. established. by the Village on the special roadway .
• ' corridors .in the manner .';and form of 'the streetscape
' plan "adopted by the Village Council. The property
owner shall pay' all costs of planning and
landscaping " 'improvements " for all off street
streetscape landscaping required by this Ordinance.
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(13) Minimum Requirements of Landscape Plans.
Landscape plans submitted to meet the provisions of
the ordinance shall conform to the following
criteria:
a) The landscape plans shall be drawn to a scale of
not less than one (1) inch equals thirty (30) feet.
b) The landscape plan shall clearly delineate all.
proposed trees, shrubs, ground covers, required
landscape strip, planting islands and other
landscape areas and treatments required by this
ordinance.
c) The landscape plans shall indicate graphically
the quantities, types, sizes at time of planting and
at five ( 5) years maturity, spacing and other
qualitative data for all required plant materials
under the provisions of this ordinance, including
botanical and common names.
d) The landscape plan shall bear the seal of a
landscape architect licensed to practice in the
State of Florida or be prepared by another licensed
professional authorized to prepare landscape plans
pursuant to Chapter 481, Part II of the Florida
Statutes (Landscape Architecture) .
e) Said plans shall conform to any and all other
requirements required by the Building and Zoning
Department of the Village.
f) Any and all landscaping provided shall be in
accordance with the South Florida Water Management
District Xeriscape Plant Guide II techniques,
practices and landscape vegetation lists and shall
constitute the Village of Tequesta approved
landscape guide and list with the following
exceptions. All vegetation species not designated
as Moderate Drought Tolerant or Very Drought
tolerant, all invasive species and all species
having a Hardiness Zone designation ofTropical shall
not be approved and do not constitute a part of the
approved Village of Tequesta landscape guide and
list, a copy of which is on file with the Building
Official and which is hereby incorporated as a part
of this Ordinance as if fully setforth herein.
(14) Prohibited Landscaping. The following plant
species shall not be planted in the Village of
Tequesta:
•
a) Melaleuca quinquenervia (commonly known as
Punk Tree, Cajeput or Paper Bark);
b) Schinus terebinthifolius (commonly known as
Brazilian Pepper or Florida Holly);
c) Casuarina species (commonly known as
Australian Pine.
(15) Responsible Parties for Maintenance. The
owner, occupant, tenant and the respective agent(s)
of each, if any, shall be jointly and severally
responsible for all landscaping and irrigation
equipment. Landscaping shall be maintained in a
good condition, so as to present a healthy, neat and
orderly appearance at least equal to the original
installation and shall be kept free from refuse and
debris. Any dead vegetation and landscaping
material shall be promptly replaced with healthy,
living plantings.
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(3) Enforcement.
In the event the owner, tenant, or agent, jointly
or severally, shall fail to meet the requirements of this
section as to maintenance, or if the existing trees,
shrubbery, grass or ground covering shall be permitted to die,
either intentionally or unintentionally, and same is not
replaced by the owner, tenant or agent of the real property
involved within thirty (30) days of the event occurring, then
the Building Official shall notify in writing the person
responsible for the maintenance or replacement of same to
comply with the requirements hereof within thirty (30) days
from date of delivery of the notice. Failure to comply with
the requirements hereof shall constitute a violation of this
Chapter.
(4) Failure to Comply. In the event the owner, tenant
or agent shall fail to comply as herein stated, the Village
shall hold a public hearing allowing said parties an
opportunity to show cause as to why the Village shall not
undertake to correct the violations and assess the costs
thereof against the property owner. Upon the conclusion of
said hearing, and the continued failure of the owner, tenant
or agent to comply, the Village may have the work conducted at
the expense of the Village and bill the owner, tenant or agent
for the actual costs to make the property come into compliance - '
plus accrued interest at ten ( 10%) percent per annum from date .
of the completion of the work. Alternatively, failure to
comply shall cause the violation to be considered by the Code
Enforcement Board pursuant to the procedures prescribed by law
and a fine imposed accordingly. Nothing herein shall preclude
the Village seeking relief by civil action through mandatory
injunctive relief or other relief available through the
courts.
(5) Assessment to Constitute a Lien Against the Property.
The bill referenced above shall be assessed to the owner of
the property and, if remaining unpaid for a period of sixty
(60) days after issuance, the Village Manager shall cause a
lien to be filed against the property, to be recorded in the
public records of Palm Beach County.
( 6) Performance Surety. In the event that the landscaping
requirements of this ordinance have not been met at the time
that a' Certificate of Occupancy, or Certificate of Use is
requested, the Village may approve such request provided the
Village enters into an agreement with the owner or his/her
agent' that the provisions and requirements of this ordinance
will be complied with. The owner or his/her agent shall post
a performance bond or other approved surety in an amount equal
to one hundred and ten (110$) percent of the cost of materials
and labor and other attendant costs incidental to the
installation of the required landscaping. This surety shall
run to the Village of Tequesta, and shall be in a form
satisfactory , .and acceptable to the Village, specifying the ,
time for the completion of the landscape requirements.
Section 2. Repeal of Conflicting Ordinances.
Any ordinances or parts of ordinances in conflict with the
provisions herewith are hereby repealed.
Section 3. Severability.
If any provision' of this ordinance or the application
thereof is held invalid, such invalidity shall not affect the
other provisions or' applications of this ordinance which can
be given effect without the invalid provisions or
applications, and to this end, the provisions of this
ordinance are hereby declared severable.
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v.
Section 4. Codification.
This ordinance shall be codified and made a part of the
official Code of Ordinances of the Village of Tequesta.
Section 5. Effective Date.
This Ordinance shall take effect immediately upon its
passage and approval, as provided by law.
THE . FOREGOING ORDINANCE was offered by
Councilmember who moved its
adoption. The Ordinance was seconded by
Councilmember and upon being put to a
vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and
adopted this day of 1990.
MAYOR OF TEQUESTA
Joseph N. Capretta
ATTEST:
Village Clerk