HomeMy WebLinkAboutDocumentation_Regular_Tab 12_04/12/2012 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 6-12
4/12/12
Consent Agenda: No Resolution #:
Originating Department: Village Attorney
AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Ordinance 6-12, Second Readina, Amending the Village Code of Ordinances at Chapter 78. Zoning. Article
IX. Supplemental Regulations. Division 4. Landscaping. By Repealing this Division in its Entirety and Re-
adopting it to Provide "Florida Friendly Landscaping" Requirements throughout the Village, and to Provide
Additional Landscaping, Irrigation System and T�ee Maintenance Requirements on all Properties throughout
the Village —(As Amended on First Reading 3/8/12)
BUDGET / FINANCIAL IMPACT:
Account #: Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: Chc����,�=� �v� Appropriate Fund Balance: _'. �o�.�se an item.
EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
Ordinance 6-12, Second Readinq, Amending the Village Code of Ordinances at Chapter 78. Zoning.
Article IX. Supplemental Regulations. Division 4. Landscaping. By Repealing this Division in its
Entirety and Re-adopting it to Provide "Florida Friendly Landscaping" Requirements throughout the
Village, and to Provide Additional Landscaping, Irrigation System and Tree Maintenance Requirements
on all Properties throughout the Village —(First Reading 3/8/12)
APPROVALS: SIGNATURE:
Department Head
Finance Director
Reviewed for Financial Sufficiency ❑
No Financial Impact ❑
Attorney: (for legal sufficiency)
Village Manager:
Submit for Council Discussion: [�
Approve Item: �
Deny Item: �
SPECIAL INSTRUCTIONS FOR CLERK: (if you wish to have agreements signed, be sure to include the
number of copies you want signed and place "Sign Here" sticker on them)
Form Amended: 10/20/11
McYlfilliams, La�i
Fnom: Keitt� Davis [ICeitlt�oorbetCandvrltite.can]
Ssnt: Tue,�day, Febr�ary 28, 2012 5:35 PM
To: Couao, Midrael; White, Russell
Cc: McwNiams, Lori; Telfrin, Debra
Subject: Fbrida Friendly Landscaping
AtMchments: Florida Friendly Landsqping.doac
Please find attached Orclinance 6-12, repealing the Vtllage's landscaping code at Division 4 of Artick IX of Chapter 78
(Zoning) and re-adopting an entirely new landsppe code that wmplies with Florida friendly landscaping and irrigation
requirements. This is ready for first reading, and is a condition of our wrrent consumptive use permit from SFWMD.
Note that Sec. 78-415. Incentives. (last page of the documerrt) provides for reduoed utiliry rates under certain
circumstances. This is not mandatory and i feel that we will be compliant with the Florida fr�ndly landscape
requirements either way. I included this language as a discussion point, and specfically bring it to your attention so that
the Village Council pn discuss whether they want to provide such an incentnre.
Keitl� w. Davis, Esqu;re
�.��.l� .��
i 111 Hypolazo Road, Snite 2A7
Laahna, Fbrida 33462
Tel: (561) 5$6-7116
Faa: (561) 586-9611
Em�il: keithna,corbettandwhite.com
Inooming e-ma�s are tatered which maY ddaY reoe�t. 1'ha e-mai is personal to the named r�er�pient(s) and may be prh�ed and aonfldenttal. If pu are not the
inbended ►eaP�ent,lrou reoeived this in ertw. IF so, erry review, dissemination, ar capyi�g oF ffiis e-mail is prohibibe�. Please notify iu inMnedWLeFy by e�mall and
delete the original message.
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As Amended from March 2012 Council
Meeting
i
ORDiNANCE NO. 6-12
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. ZONING. ARTICLE IX.
SUPPLEMENTAL REGULATIONS. DIVISION 4. LANDSCAPING. BY
REPEALING THIS DIVISION IN ITS ENTIltETY AND RE-ADOPTING
IT TO PROVIDE "FLORIDA FRIENDLY LANDSCAPING"
REQUIREMENTS THROUGHOUT THE VILLAGE, AND TO PROVIDE
ADDITIONAL LANDSCAPING, IRRIGATION SYSTEM AND TREE
MAINTENANCE REQUIREMENTS ON ALL PROPERTIES
THROUGHOUT THE VILLAGE; PROVIDING THAT EACH AND
EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78.
ZOI�TING. SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, Chapters 1bb and 373, Florida Statutes, encourage local governments to
adopt Florida friendly landscape and lawn irrigation standards; and
WHEREAS, Chapter 403, Florida Statutes, the Florida Watershed Restoration Act, and
the NPDES municipal stormwater permitting program require local governments to reduce
pollutant loads discharged from their stormwater management systems to better protect and
restare surface and ground waters; and
WHEREAS, the Village of Tequesta recognizes the need for the protection of water as a
natural resource through the application of Florida. friendly landscape and lawn irrigation
standards; and
WHEREAS, a Florida friendly landscape promotes the Gonservation of water by the use
of site adapted plants and efficient watering methods which generally result in a long term
reduction of irrigation, fertilizer, and pesticide requirements, costs, energy and maintenance; and
WHEREAS, a Florida. friendly landscape encourages a reduction of total energy
expenditures such as water pumping and treatment, maxiufacture and shipping of fertilizers and
pesticides, and the operation and maintenance of mowers and similar equipment; and
WHEREAS, community wide Florida friendly landscaping efforts are designed to save
significant amounts of water to preserve local water supplies; and
WHEREAS, the South Florida Water Management District has issued the Village of
Tequesta consumptive water use permit no. 50-00046-W; and
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WHEREAS, a condition of said pernut is that the Village must adopt Florida friendly
landscaping regulations in accordance with applicable Florida Sta.tutes and Administrative Code
Rules; and
WHEREAS, the Village Council believes the adoption of the Florida friendly landscape
and lawn irrigation standards contained in this ordinance will be in the best interests of the
Village of Tequesta, and will promote the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Sectian 1: Chapter 78. Zoning, of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article IX. Supplemental Regulations. Division 4. Landscaping. by
repealing this division in its entirety and re-adopting it to provide "Florida friendly landscaping"
requirements throughout the village, and to provide additionallandscaping, irrigation system and
tree maintenance reguirements on a11 properties throughout the village; providing that Division 4.
Landscaping. shall hereafter read as follows:
�IVi�I4N 4. - I.�TDSCAPIN�
Sec. 78-391. — Purpose and intent.
Sec. 78-392. - Applicabilitv.
Sec. 78-393. — Definitions.
Sec. 78-394. — Florida friendly la.ndscapin� e� provisions; desi�n standards.
Sec. 78-395. — Shoreline considerations.
Sec. 78-396. - Vegetation selection and placement criteria, turf areas and soils.
Sec. 78-397. - Prohibited plant species.
Sec. 78-398. - Irri ation.
Sec. 78-399. - Maintenance.
Sec. 78-400. - Landscape plans.
Sec. 78-401. - Com atibility with streetscape plans.
Sec. 78-402. — Landscapingabuttingresidential areas; single-familv a.nd duplex lots.
Sec. 78-403. — Perimeter parkin� strip required for parkin�areas.
Sec. 78-404. — Ground cover and trees in�lanting strips.
Sec. 78-405. — Accesswa� lhg� andscaped areas.
Sec. 78-406. — Interior landscapin� of �arking areas.
Sec. 78-407. — Plantin� strip forparking areas abuttin�erparking areas•
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Sec. 78-408. – Percenta.ge of landscape coverage required.
Sec. 78-409. – Landscapin� around principal structures.
Sec. 78-410. - Notice of violation.
Sec. 78-411. - Show cause hearing; right of village to do work and assess costs;
additional remedies.
Sec. 78-412. - Assessment to constitute lien.
Sec. 78-413. - Performance suretv.
78-414. – Education.
Sec. 78-415.- Incentives.
Sec. 78-416.- Enforcement and monitorin�.
Secs. 78-417-78-440. - Reserved.
Sec. 78-391. – Purpose and intent.
(A) The intent of this division is as follows:
1. To provide standards for the development, installation, and maintenance of'
landscaping that adheres to the principles of Florida-friendly landscaping and
encourages creative landscape design, construction and management to
minimize the potential adverse impacts associated with adjacent land uses of
varying intensities.
2. To provide the physical benefits of using plant material as a function of
sustainability.
3. To provide minimum standards for landscaping new developments or for
redevelopment.
4. To promote water conservation, water quality improvement, and vegetation
protection objectives by providing for:
a. The re-establishment of native plant communities;
b. The use of plant materials appropriate to the location, including
hardiness zone, soil type, moisture conditions, light and mature plant
size;
c. The implementation of Florida-friendly landscaping principles as
identified by the Florida Yards and Neighborhoods program operated
by the University of Florida's Institute of Food and Agricultural
Services Extension ("UF/IFAS Extension") and A Guide to Florida-
friendly Landscaping: Florida Yards and Neighborhoods Handbook,
Best Management Practices ("BMPs") identified in the Florida-
friendly Best Management Practices for Protection of Water
Resources by the Green Industries (2008), and as provided by law; and
d. The use of specific management guidelines to minimize negative
secondary and cumulative environmental effects associated with the
misuse of fertilizers.
(B) This division shall be a minimum standard. This division shall not be interpreted
to restrict creative designs or the inclusion of landscape elements such as
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vegetable gardens, fruit trees, arbors, or water gardens. [Comment: Florida
Statutes 166.048, and 373.185 provide that a deed restriction or covenant may not
prohibit any property owner from implementing Xeriscape or Florida-friendly
landscape practices on his or her land.
Sec. 78-392. - Applicability.
(A) The provisions of this division shall apply to the development, redevelopment,
rehabilitation, and maintenance of all property within the Village of Tequesta.
Whenever regulations or restrictions imposed by this ordinance conflict with
other ordinances or regulations, or are either more or less restrictive than
regulations or restrictions imposed by any governmental authority though
legislation, rule or regulations, the regulations, rules or restrictions which are
more restrictive or which impose the highest standards or requirements shall
govern.
1. No permit shall be issued for building, paving, grading or tree removal unless
the landscape plans and specifications comply with the provisions hereof; and
no Certificate of Occupancy, Certificate of Completion or similar final
approval shall be issued until the requirements herein are met.
2. All Village facilities will be managed in accordance with Florida Friendly
Landscaping practices by March 31, 2013. All new and renovated Village
facility landscapes will be designed in accordance with these principles and be
constructed and installed using Florida-friendly landscape materials. Parks,
open spaces and trails will be designed with these principles in mind, as
applicable. All Village landscape service contractors will adhere to these
practices. All new bid specifications and contracts will reflect this
requirement beginning one year after the approval of this regulation.
3. Specific application of the Florida-friendly landscape provisions of this
division shall include, but not be limited to:
a. All new landscapes for private development projects including, but not
limited to, commercial, residential, mixed use and recreation projects,
including new single-family and two-family homes;
b. Developer-installed landscapes at entrances into and common areas of
single-family and multi-family projects;
c. Any development approved prior to April 12, 2012, if the site plan or
other permit guiding landscaping is thereafter amended or modified to
an extent greater than fifty (50) percent, or within five years of the
adoption of this ordinance.
(B) Exempted from the provisions of the Florida-friendly landscape requirements
(note: not irrigation requirements) are the following, as applicable:
1. Bona fide agricultural activities;
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2. Other properties not subject to or covered under the Florida Right to Farm Act
that have pastures used for grazing of livestock;
3. Athletic fields;
4. Golf course play azeas;
5. Any development with an approved site plan or valid building permit issued
prior to April 12, 2012, subject to the modifications listed above;
6. Turfgrass in a dedicated stormwater management area or canal maintenance
area or similar and shall not be calculated in the percentages of turfgrass;
7. Public Parks and other play areas indicated on an approved site plan;
8. Cemeteries;
9. Rights-of-way for public utilities, including electrical transmission and
distribution lines, and natural gas pipelines; and
(C) Exemptions to the requirements of this division may be granted by variance for
individual projects if the applicant can demonstrate that compliance will be
impractical and will result in an undue hardship.
Sec. 78-393. — Definitions.
The following terms, when used in this division, shall have the meanings ascribed
to them in this section, except where context clearly indicates a different meaning:
Application or apply: The actual physical deposit of fertilizer to turf or landscape
plants.
Applicator: Any Person who applies fertilizer on turf and/or landscape plants in the
village.
Automatic Controller: A mechanical or electronic device, capable of automated
operation of valve stations to set the time, duration and frequency of a water
application.
Best Management Practices (BMPs): A practice or combination of practices based 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 water quality, conserving water supplies and protecting natural
resources.
Commercial Fertilizer Applicator: Any person who applies fertilizer on turf and/or
landscape plants in the village in exchange for money, goods, services or other
valuable consideration.
Constant Pressure/Flow Control: A device that maintains a constant flow, or
pressure, or both.
Drought-tolerant: A plant that is capable of surviving a dry spell of more than two
(2) or three (3) months without supplemental watering.
Emitter: This term primarily refers to devices used in microirrigation systems.
Fertilize, Fertilizing, or Fertilization: The act of applying Fertilizer to turn
specialized turf or Landscape Plant.
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Fertilizer: Any substance or mixture of substances, except pesticide/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 alkalinity, or
provides other spoil enrichment, or provides other corrective measures to the soil.
Filter: A device in irrigation distribution systems that separates sediment or other
foreign matter.
Florida-Friendly landscape: The principles of Florida-friendly landscaping include
planting the right plant in the right place, efficient watering, appropriate fertilization,
mulching, attraction of wildlife, responsible management of yard pests, recycling
yard waste, reduction of stormwater runoff, and waterfront protections. Additional
components of Florida-friendly landscape include planning and design, soil analysis,
the uses of solid waste compost, practical use of turf, and proper maintenance.
Ground Cover: Low growing plants, other than turfgrass, used to cover the soil and
form a continuous, low mass of foliage.
Hardscape: Areas such as patios, decks, driveways, paths and sidewalks that do not
require irrigation.
Hatracking: Cutting back of tree limbs to a point between branch collarslbuds
(internodal cutting) larger than one inch in diameter within the tree's crown.
Hydrozone: A distinct grouping of plants with similar water needs and climatic
requirements.
Institutional Applicator: Any person, other than a non-commercial or commercial
applicator that applies fertilizer for the purpose of maintaining turf and/or landscape
plants. Institutional applicators shall include, but not be limited to, owners and
managers of public lands, schools, parks, religious institution, utilities, industrial or
business sites and any residential properties maintained in condominium and/or
common ownership.
Irrigated landscape area: All outdoor areas that require a permanent irrigation
system.
Irrigation System: An artificial watering system designed to transport and distribute
water to plants.
Irrigation Zone: A grouping of sprinkler heads, soakers, bubblers, or microirrigation
emitters operated simultaneously by the control of one valve.
Landscape: Any combination of living plants (such as grass, ground cover, shrubs,
vines, hedges, or trees) and non-living landscape material (such as rocks, pebbles,
sand, mulch, walls, fences, or decorative paving materials).
Landscape Design: Consultation for and preparation of planting plans drawn for
compensation, including specifications and installation details for plant materials, soil
amendments, mulches, edging, gravel, and other similar materials. Such plans may
include only recommendations for the conceptual placement of tangible objects for
landscape design projects. Construction documents, details, and specifications for
placement of tangible objects and irrigation systems shall be designed or approved by
licensed professionals as required by law.
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Landscape Plan: Plans and drawings showing the location of buildings, structures,
pedestrian, transportation, or environmental systems, and the detail for placement of'
site amenities, accessibility components, plantings and other tangible objects. Plans
shall be numbered, dated, North arrow indicated, scaled, and sealed by an
appropriately licensed professional where required by Florida Statutes Chapter 481,
Part II.
Landscaped Area: The entire parcel; less the building footprint, driveways,
hardscapes such as decks and patios, and non-porous areas. Water features are
included in the calculation of the landscaped area. This landscaped area includes
Xeriscape as defined in Chapter 373.185(1)(b), F.S.
Low flow Point Applicators: Irrigation applicators with output less than sixty (60)
gallons per hour (gph).
Microirrigation (low volume): The application of small quantities of water directly on
or below the soil surface, usually as discrete drops, tiny streams, or miniature sprays
through emitters placed along the water delivery pipes (laterals). Microirrigation
encompasses a number of inethods or concepts including drip, subsurface, bubbler,
and spray irrigation, previously referred to as trickle irrigation, low volume, or low
flow irrigation that deliver water directly to plant root zones with a high degree of�
efficiency, no runoff, and little to no evaporation.
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, organic or synthetic materials customarily used in landscape
design to retard erosion and retain moisture.
Native Vegetation: Any plant species with a geographic distribution indigenous to all,
or part, of the State of Florida as identified in: Guide to Vascular Plants of Florida,
R.P. Wunderlin, 1998, University Press of Florida, Gainesville or the Atlas of Florida
Vascular Plants (http://www.florida.plantsatals.usf.edun. Native vegetation shall
consist of those plant species indigenous to the ecological communities of South
Florida.
Pervious Paving Materials: A porous asphaltic, concrete or other surface and a high-
void aggregate base which allows for rapid infiltration and temporary storage of rain
on, or runoff delivered to, paved surfaces.
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.
Plant Communities: An association of native plants that are dominated by one (1) or
more prominent species, or a characteristic physical attribute.
Planting Plan: Specifications and installation details for plant materials, soil
amendments, mulches, edging, gravel, and other similar materials.
Point of Connection: The location where an irrigation system is connected to a water
supply.
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Pop-up Sprays: Spray heads that pop up with water pressure and provide a
continuous spray pattern throughout a given arc of operation.
Pressure Tank: A pressurized holding tank for irrigation water coming from wells to
minimize cycling of the water pump.
Prohibited Application Period.• The time period during which a Flood Watch or
warning or a tropical storm watch or warning, or a hurricane watch or warning is in
effect for any portion of the village, issued by the National Weather Service, or if'
heavy rain is likely.
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.
Runoff Water that is not absorbed by the soil or landscape and flows from the area.
Sod or Lawn: A piece of turf-covered soil held together by the roots of the turf.
Soil Moisture Sensor: See Moisture Sensing Device.
Tree: Any single or multiple trunked, self supporting plant, upright in growth, with at
least a three-inch caliper DBH and minimum height of ten (10) feet.
Turf andlor Turfgrass: A mat layer of monocotyledonous plants such as Bahia,
Bermuda, Centipede, Seaside, Paspalum, St. Augustine, and Zoysia.
Valve: A device used to control the flow of water in the irrigation system.
Water Use Zone: See "Hydrozone".
Sec. 78-394. — Florida friendly landscaping general provisions; design standards.
�A General Provisions. Within the Village of Tequesta the principles of Florida-
friendly landscaping shall be incorporated into all landscape designs. These
include the following:
1. Preserving existing native trees and vegetation, if appropriate and feasible.
Where established natural vegetation is incorporated into the landscape
design, irrigation of those areas shall not be required.
2. The plant palette and irrigation system shall be appropriate for site conditions,
taking into account that, in some cases, soil improvements can enhance water
use efficiency. Drought resistant plants are emphasized.
3. Plants shall be grouped together by irrigation demand.
4. The percentage of landscaped area in irrigated high water use hydrozones
shall be minimized. The maximum percentage of irrigated landscape area that
may be included in high water use hydrozones, excluding turfgrass, shall not
exceed twenty (20) percent. These high water use limits shall not apply to
landscaped areas requiring large amounts of turf for their primary functions,
e.g., ball fields and playgrounds.
5. Soil improvements are encouraged to improve the soil with organic materials
prior to the installation of any irrigation system.
6. An efficient irrigation system shall be required and designed according to the
water needs of the planting groups.
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7. Reclaimed or non-potable water should be used for irrigation if an acceptable
source is determined to be available by the Village Utilities Department.
8. Low impact design principles such as bio-swales, bio-retention areas and
other creative stormwater management techniques.
� Design Standards.
1. Site designs and landscape construction documents shall be prepared in
accordance with the requirements of all applicable Florida Statutes. All
landscape and irrigation system design shall be consistent with the standards
required under Section 373.228, Florida Statutes.
2. Site plans for new development shall include riparian buffers adjoining all
waters of the state. Such buffers should be native, or if previously disturbed,
then constructed to be at least 25 feet, and preferably 50-150 feet wide, to
protect water bodies from nonpoint source pollution generated by up gradient
development. Riparian buffers shall be designed and managed in accordance
with USDA-NRCS conservation practices for riparian buffers and filter strips
(codes 390, 391, and 393). Such riparian areas may be included in the gross
development area for purposes of determining zoning density.
3. Site plans shall consider natural drainage features to minimize run-off. The
use of pervious surfaces and areas is preferred; therefore impervious surface
and material within landscaped areas shall be limited to borders, sidewalks,
step stones and other similar material and shall not exceed 10% of the
landscaped areas. Use of pervious paving material for driveways and
sidewalks is strongly encouraged. A maintenance plan may be required for
certain pervious products to ensure that they remain pervious in the long term.
Gravel, river rock, shell and similar material, or mulch, shall not be used as
major landscape ground cover. In no case shall these materials exceed 10% of
the landscape area as they increase the need for herbicide use, have no habitat
value, reflect rather than absorb heat and do not produce oxygen like plants.
4. Site plans shall detail, at a minimum, all vegetated areas to be preserved by
species.
Sec. 78-395. - Shoreline considerations.
(A) Grading and design of property adjacent to bodies of water shall conform to
federal, state and local regulations which may include, but is not limited to, the
use of berms and/or swales to intercept surface runoff of water and debris that
may contain fertilizers or pesticides.
(B) A voluntary six (6) foot low maintenance zone is recommended, but not
mandated, from any pond, stream, water course, lake, wetland or from the top of a
seawall. A swale/berm system is recommended for installation at the landward
edge of the low maintenance zone to capture and filter runoff. No mowed or cut
vegetative material should be deposited or left remaining in this zone or deposited
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in the water. Care should be taken to prevent the over-spray of aquatic weed
products in this zone.
(C) When mowing near the 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. See the Florida Waterfront Property Owners Guide or
the Florida Fish and Wildlife Conservation Commission's Invasive Plant
Management Section for more information.
(D) Mangrove trimming shall be performed in accordance with Sections 403.9321 —
403.9334, F.S.
Sec. 78-396. - Vegetation selection and placement criteria; turf areas and soils.
(A) The village shall require the use of native vegetation as referenced in the South
Florida Water Management District Waterwise Guide, as amended, with such
species to be used to the greatest extent possible and where practical. Sixty (60)
percent of all required landscaping shall be landscaping indigenous to the South
Florida area as indicated in the Waterwise Guide, as amended. Additionally, each
species planted shall be designated as moderate drought tolerant or very drought
tolerant, designated as 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. Plants should be grouped in accordance with their respective
water and maintenance needs. All designations referenced in this section shall be
as indicated within the South Florida Water Management District Waterwise
Guide, as amended.
(B) Plant materials used in conformance with provisions of this division shall
conform to the standards for Florida No. 1 or better, as given in the most current
edition of Grades and Standards for Nursery Plants Part I and Part II, State of'
Florida, Department of Agriculture, Division of Plants Industry, Tallahassee,
Florida, or most current edition. Grass sod shall be clean and reasonably free of'
weeds and noxious pests or diseases. By the square foot, sod must be ninety (90)
percent species and variety as specified on the drawing.
(C) All turf areas shall be sodded using species suitable as permanent lawns in
Tequesta. Where appropriate, turf species that require minimum irrigation are
encouraged. The type and location of turf areas shall be selected in the same
manner as with all other plantings. Irrigated turf ateas shall be consolidated and
limited to those areas on the site that receive pedestrian traffic, provide for
recreational use, provide cover for septic tank drainfields, or provide soil erosion
control such as on slopes or in swales; and where turf is used as a design unifier,
or other similar practical use. As a matter of public safety, no turf that requires
mowing shall be allowed on slopes greater than 4:1 or within 6 feet of the water's
edge, except where adjacent to seawalls and bulkheads or needed to control
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erosion. Turf areas shall be identified on the landscape plan when a landscape
plan is required.
(D) Soils vary from site to site and even within a given site. Soil analysis information
is needed for proper selection of plants and, if needed, soil amendments. A soil
analysis based on random sampling is required and shall be performed by a
reputable soil testing lab or University of Florida/IFAS Cooperative Extension
facility. Any new soil required shall be similar to the existing soil in pH, texture,
permeability and other characteristics, unless convincing evidence is provided
that a different type of soil amendment approach is justified. The use of solid
waste compost as a soil amendment is encouraged.
Sec. 78-397. - Prohibited plant species.
(A) The following plant species shall not be planted in the village:
L Melaleuca quinquenervia (commonly known as Punk Tree, Cajeput or Paper
Bark).
2. Schinus terebinthifolius (commonly known as Brazilian Pepper or Florida
Holly).
3. Casuarina species (commonly known as Australian Pine).
4. Acacia auriculiformis (commonly known as Earleaf Acacia).
5. Albizia lebbeck (commonly known as Woman's Tongue).
6. Ardisia solonacea (commonly known as Shoebutton Ardisia).
7. Colubrina asiatica (commonly known as Leather Leafl.
8. Dioscorea bulbifera (commonly known as Air Potato).
9. Fiscus altissima (commonly known as Lofty Fig).
10. Fiscus bengalensis (commonly known as Banyan).
11. Hibiscus tiliaceus (commonly known as Mahoe).
12. Jasminum dichotomum (commonly known as Jasmine).
13. Lygodium microphyllum (commonly known as Sma11-Leaved Climbing
Fern).
14. Mimosa pigra (commonly known as Cat's Claw).
15. Rhodomyrtus tomentosus (commonly known as Downy Rose Myrtle).
(B) Any parcel of land upon which a structure has been heretofore erected and which
received a certificate of occupancy prior to the date of adoption of the ordinance
from which this section is derived and contains the prohibited landscaping
provided in subsections (a)(1) through (3) of this section shall have the prohibited
landscaping removed and replaced with living landscaping pursuant to the
provisions of this division within five years of the date of enactment. Any parcel
of land upon which a structure has been heretofore erected and received a
certificate of occupancy prior to the date upon which the amendment to this
section was adopted and contains the prohibited landscaping in subsections (a)(4)
through (15) of this section shall have the prohibited landscaping removed and
replaced with approved landscaping pursuant to the provisions of this division
11
within four years of the date of enactment of such amendment. The removal of
prohibited landscaping as provided in this section shall not apply to the prohibited
landscaping existing on single-family lots or duplex lots lying within R-1, R-lA
or R-2 districts.
Sec. 78-398. - Irrigation.
(A) In-all districts, pervious areas shall be provided with an automatic underground
sprinkler system, adequate to service the landscape areas, except when not
required under the provisions of this division. All common open space or
landscaped areas shall be provided with an underground irrigation system. All
irrigation systems shall be designed to provide one hundred percent (100%)
coverage with one hundred percent (100%) overlap.
(B) Irrigation Plans.
1. Irrigation plans shall be designed to recognize different irrigation
requirements of the landscape described in this Article.
2. The irrigation plan shall show the following:
a. Irrigation points of connection and design capacity;
b. Water service pressure at irrigation point of connections (POC);
c. Water meter size when revising existing irrigation plans or when
utilizing reclaimed water;
d. Reduced-pressure-principle backflow prevention devises for each
irrigation POC on potable water systems;
e. Major components of the irrigation system including all pumps, filters,
valves, and pipe sizes and lengths;
f. Precipitation rate expressed in inches per hours for each valve circuit.
The preparer must attach to the project data sheet the calculations for
deriving precipitation rates for each irrigation valve circuit;
g. Total flow rate (flow velocity not to exceed 5 feet per second) in
gallons per minute (gpm) and operating pressure (psi) for each
individual overhead and bubbler circuit, and gallons per hour (gph)
and operating pressure for low-flow point irrigation circuit;
h. Irrigation legend shall have the following elements:
i. Separate symbols for all irrigation requirements with different
spray patterns and precipitation rates and pressure
compensating devices; general description of equipment;
manufactures name and model number for all specified
equipment; recommended operating pressure per nozzle and
bubbler and low-point pressure per nozzle and bubble and low
flow emitter; manufactures recommended overhead and bubble
irrigation nozzle rating in gallon per minute (gpm) or gallon
for hour (gph) for low flow point applications; minimum (no
less than 75% of maacimum spray radius) and maximum spray
12
radius per nozzle; and manufactures rated precipitation rate per
nozzle at specified psi;
ii. Location of rain shut-off devices or soil moisture sensors.
(C) Efficient Design. All irrigation installations after April 12, 2012 shall meet the
irrigation standards identified at Section 373.228, F.S. These include:
1. Irrigation systems, including the use of micro-irrigation as appropriate, shall
be designed to meet the needs of the plants in the landscape.
2. When feasible, irrigation systems shall be designed to separately serve turf'
and non-turf areas.
3. The irrigation system plans and specifications shall identify the material to be
used and the construction methods.
4. The design shall consider soil, slope and other site characteristics in order to
minimize water waste, including overspray, the watering of all impervious
surfaces and other non-vegetated areas, and off-site runoff.
5. The system shall be designed to minimize free flow conditions in case of'
damage or other mechanical failure.
6. The system shall be designed to use the lowest quality water feasible.
7. Rain switches or other approved devices, such as soil moisture sensors to
prevent unnecessary irrigation, shall be incorporated. (Section 373.62, F.S.)
8. A recommended seasonal operating schedule and average precipitation rate
for each irrigation zone for both establishment and maintenance conditions
shall be provided.
9. Control systems shall provide the following minimum capabilities:
a. Ability to be programmed in minutes, by day of week, season, time of
day;
b. Ability to accommodate multiple start times and programs;
c. Automatic shut off after adequate rainfall;
d. Ability to maintain time during power outages for a minimum of three
(3) days; and
e. Operational flexibility to meet applicable year round water
conservation requirements and temporary water shortage restrictions.
10. Recommended maintenance activities and schedules shall be included.
11. Precipitation rates for sprinklers and all other emitters in the same zone shall
be matched, except that microirrigation emitters may be specified to meet the
requirements of individual plants.
12.Irrigation systems shall be designed to maximize uniformity, considering
factors such as:
a. Emitter types;
b. Head spacing;
c. Sprinkler pattern; and
d. Water pressure at the emitter.
13. Irrigation systems with main lines larger than two (2) inches or designed to
supply more than seventy (70) gallons per minute shall incorporate a means to
13
measure irrigation water use, at a minimum of ninety-five (95) percent
accuracy across the flow range.
14. Irrigation system plans and specifications shall require the system installer to
conduct final testing and adjustments to achieve design specifications prior to
completion of the system and acceptance by the owner or owner's
representative.
15. The irrigation system shall be designed to correlate to the organization of
plants into zones as described in this division. The water use zones shall be
shown in the irrigation plan. Temporary facilities may be installed to facilitate
plant establishment.
16. Rain shut-off switch equipment shall be required on automatic irrigation
systems to avoid irrigation during periods of sufficient soil moisture, in
accordance with Section 373.62, F.S.. Said equipment shall consist of an
automatic mechanical or electronic sensing device or switch that will override
the irrigation cycle of the sprinkler system when adequate rainfall has
occurred.
17. The installation of tracer wire along main lines and laterals shall be required
to permit easy location and prevent inadvertent cutting of pipes.
18. If the water supply for the irrigation system is from a well, a constant pressure
flow control device or pressure tank with adequate capacity shall be required
to minimize pump "cycling".
19. Check valves must be installed at irrigation heads as needed to prevent low
head drainage and puddling.
20. Nozzle precipitation rates for all heads within each valve circuit must be
matched to within twenty (20) percent of one another.
21. No water spray from irrigation systems shall be applied under roof overhangs.
22. Irrigated areas shall not be less than four (4) feet wide, except when next to
contiguous property or using micro or drip irrigation.
23. A pressure-regulating valve shall be installed and maintained if static service
pressure exceeds eighty (80) pounds per square inch. The pressure regulating
valve shall be located between the meter and the first point of division in the
pipe and set at a not more than fifty (50) pounds per square inch when
measured at the most elevated fixture in the structure served. This
requirement may be waived if satisfactory evidence is provided that high
pressure is necessary in the design and that no water will be wasted as a result
of high-pressure operation.
(D) To assist the end user to operate the system property, in addition to the minimum
requirements of Section 373.228, F.S., the following shall be provided to the
owner at the time of installation. The map shall be attached inside each irrigation
controller or be kept in another readily available location if it is not practical to
insert into a small container.
1. Irrigation schedule information, with instructions for seasonal timer and
sensorchanges.
14
2. Irrigation system plans and specifications including as-constructed drawings,
recommended maintenance activities and schedules.
3. Operations schedules, design precipitation rates, and instructions on adjusting
the systems to apply less water after the landscape is established.
4. Maintenance schedule, water source, water shut-off method, and the
manufacturing operational guide for their imgation controller.
5. To the extent feasible, similar information should be made available for
subsequent property transfers.
(E) Reduced -pressure-principle backflow preventers shall be recertified yearly.
Sec. 78-399. - Maintenance.
(A) Generally.
1. The owner, occupant, and tenant and the respective agent of each, if any, shall
be jointly and severally responsible for all landscaping and irrigation
equipment, including that located in the unpaved portion of the public right-
of-way between the paved portion of the public right-of-way and the
boundary of the owner's property. 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.
2. Landscape maintenance for hire shall be performed in accordance with
recommendation in the Florida-Friendly Best Management Practices for
Protection of Water Resources by the Green Industries. Landscape
maintenance by homeowners should be performed in accordance with
recommendations of the University of Florida Cooperative Extension Service
and Florida Yards and Neighborhoods publications.
3. A regular irrigation maintenance schedule shall be included, but not be limited
to, checking, adjusting, and repairing irrigation equipment; and resetting the
automatic controller according to the season yearly.
4. Pruning of trees shall be permitted to allow for healthy growth, and to
promote safety considerations. Trees which cause a conflict with views,
signage or lighting shall not be pruned more than the maximum allowed. The
village manager, community development director or building official may
suspend the provisions of this section in case of a natural disaster.
a. A maximum of one-fourth ('/4) of tree canopy may be removed from a
tree within a one-year period, provided that the removal conforms to
the standards of crown reduction, crown cleaning, crown thinning,
crown raising, vista pruning, and crown restoration pruning
techniques. All pruning shall comply with the American National
Standards Institute, ANSI 300 (Tree, Shrub and other Woody Plant
Maintenance), as amended.
15
b. If other than the mature height and spread is desired for any required
tree, the size and shape shall be indicated on an approved landscape
plan. Shaping of a tree shall be permitted if the tree is to be used as an
accent, focal point or as part of an overall landscape design. A
maintenance commitment shall be clearly outlined on the approved
landscape plan to explain the care and upkeep of a shaped tree.
c. Hatracking (tree topping), as defined in this division, is strictly
prohibited.
d. The following shall be exempt from the requirements of the above tree
pruning regulations:
i. Trees affected by FAA and airport safety regulations.
ii. Trees which interfere with safe site triangles, utility lines, or
utility structures.
iii. Trees having crown dieback or decay greater than one-third
(1 /3 ) the tree canopy.
iv. Trees having suffered damage due to natural or accidental
causes.
v. Trees having insect or disease damage greater than one-third
(1 /3 ) of the tree crown.
vi. Trees in botanical gardens, or botanical research centers.
(B) Yard waste management; composting and use of mulches.
1. Yard wastes shall not be disposed of or stored directly adjacent to shorelines
or in canals, in ditches or swales, or near storm drains. In no case shall grass
clippings, vegetative material, and/or vegetative debris either intentionally or
accidently, be washed, swept, or blown off into stormwater drains, ditches,
conveyances, water bodies, wetlands, or sidewalks, or roadways.
2. Grass clippings should be left on lawns. Grass clippings are a benefit to
lawns, replacing nutrients drawn from the soil and as mulch that helps retain
moisture, lessening the need to irrigate. Mulching mowers are recommended,
because the grass clippings are chopped very finely by special blades. If a
conventional mower equipped with a side discharge chute is used, when
mowing near the shoreline, direct the chute away from the waterbody and
when mowing upland areas, direct the chute back onto the yard, not onto the
road or driveway.
3. Mulches applied and maintained at appropriate depths in planting beds assist
soils in retaining moisture, reducing weed growth, and preventing erosion. A
layer of organic mulch 3" deep is recommended in plant beds and around
individual trees in turf areas. Use of byproduct or recycled mulch is
recommended. Mulch beds shall be specified on the landscape plan.
(C) Fertilizer management.
16
1. The provisions of this section shall apply to all fertilizer applications within
the Village of Tequesta with the following exceptions:
a. Bona fide farm operations as defined in Florida Right to Farm Act,
Section 823.14, F.S., as amended, provided that fertilizers are applied
in accordance with the appropriate best management practices manual
adopted by the Florida Department of Agriculture and Consumer
Services, Office of Agricultural Water Policy for the crop in question;
and
b. Fertilizer application for golf courses, parks, and athletic fields shall
follow the provisions as indicated in Rule SE-1.003(2)(d), F.A.C., as
amended.
c. Non-commercial applicators not otherwise required to be certified,
such as private citizens on their own residential property, are
encouraged to follow the recommendations of the UF/IFAS Extension
and UF/IFAS Florida Yards and Neighborhoods program when
applying fertilizers.
2. Licensing and Training of commercial fertilizer applicators.
a. By January 1, 2014, any commercial fertilizer applicator to an urban
landscape must be certified by the Department of Agriculture and
Consumer Services pursuant to Section 482.1562, F.S., as amended.
b. All commercial and institutional applicators of fertilizer within the
Village of Tequesta, shall successfully complete and apply fertilizers
in accordance with the six-hour training program in the "Florida-
Friendly Best Management Practices for Protection of Water
Resources by the Green Industries" offered by the Florida Department
of Environmental Protection through the UF/IFAS Extension.
3. Fertilizers applied to turf and/or landscape plants within the Village of
Tequesta shall be formulated and applied in accordance with requirements
and directions provided on the fertilizer bag and by Rule SE-1.003(2), F.A.C.
Nitrogen or phosphorus fertilizer shall only be applied to turf or landscape
plants during growth periods, not during dormant periods. These fertilizers
shall not be applied except as provided for by the directions on the fertilizer
bag unless soil or plant tissue deficiency has been verified by UF/IFAS
Extension or another accredited laboratory or test.
4. Timing offertilizer application.
a. Care should be taken to limit the application of fertilizers containing
nitrogen and/or phosphorus to turf and/or landscape plants during the
summer rainy season.
b. In no case sha11 fertilizers containing nitrogen and/or phosphorus to
turf andlor landscape plants during times which a flood, tropical
storm, or hurricane watch or warning issued by the National Weather
Service is in effect for any portion of Palm Beach County.
17
5. Application practices.
a. Spreadable deflector shields are required when fertilizing via rotary
spreaders. Deflectors must be positioned such that fertilizer granules
are deflected away from all impervious surfaces, fertilizer-free zones
and water bodies, including wetlands.
b. Fertilizer shall not be applied, spilled or otherwise deposited on any
impervious surface.
c. Any fertilizer applied, spilled or deposited, either intentional or
accidentally, on any impervious surface shall be immediately and
completely removed to the greatest extent practicable.
d. Fertilizer releases on an impervious surface shall be immediately
contained and either legally applied to turf or any other legal site, or
returned to the original or other appropriate container.
e. In no case shall fertilizer be washed, swept, or blown off impervious
surfaces into stormwater drains, ditches, conveyance, or water bodies.
6. Fertilizer free zones: Fertilizers shall not be applied within ten (10) feet or
three (3) feet if deflector shield or drop spreader is used, of any pond, lake,
canal or wetlands or watercourse.
(D) Pesticide management.
1. All landscape applications of pesticides, including "Weed and Feed" products,
for hire should be made in accordance with State and Federal Law and with
the most current version of the Florida-Friendly Best Management Practices
for Protection of Water Resources by the Green Industries, as amended.
2. Property owners and managers are encouraged to use an Integrated Pest
Management Strategy as currently recommended by the UF/IFAS Extension
publications.
3. When using pesticides, all label instructions of State and Federal law should
be adhered to. The Florida Department of Agriculture and Consumer Services
is responsible for enforcement of pesticide laws.
Sec. 78-400. - Landscape plans.
Landscape plans submitted to meet the provisions of this division shall conform to the
following criteria:
1. The landscape plan shall be drawn to a scale of not less than one inch equals
30 feet.
2. The landscape plan shall clearly delineate all proposed trees, shrubs, ground
covers, required landscape strips, planting islands and other landscape areas
and treatments required by this division.
3. The landscape plan shall indicate graphically the quantities, types, sizes at
time of planting and at five years' maturity, spacing and other qualitative data
18
for all required plant materials under the provisions of this division, including
botanical and common names.
4. The landscape plan shall bear the seal of a landscape architect licensed to
practice in the state or be prepared by another licensed professional authorized
to prepare landscape plans pursuant to F.S. ch. 481, pt. II (F.S. § 481.301 et
seq.).
5. The plans shall conform to any and all other requirements required by the
building and zoning department of the village.
6. Any and all landscaping provided shall be in accordance with the South
Florida Water Management District Waterwise Guide, as amended,
techniques, practices and landscape vegetation lists, which shall constitute the
village 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 of tropical shall not be approved and do not constitute a part of�
the approved village landscape guide and list, a copy of which is hereby
incorporated as a part of this division as if fully set forth in this section.
7. 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. The survey shall be accomplished by a
registered land surveyor and shall reference all trees of three inches in
diameter or greater.
Sec. 78-401. - Compatibility with streetscape plans.
Landscaping plans of properties, including proposed subdivisions, abutting or
adjacent to U.S. Highway 1 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 division.
Sec. 78-402. - Landscaping abutting residential areas; single-family and duplex lots.
(A) In the planting strip of commercial properties abutting and/or immediately
adjacent to residential areas there shall be erected a living hedge not more than
six feet from the residential property line. The hedge must be planted prior to
issuance of a certificate of occupancy and must be planted not more than two feet
on center and must be maintained at a height of not less than six feet and not more
than ten feet. Additionally, a solid opaque fence and/or wall of not less than five
feet but not more than six feet shall be required.
(B) All single-family lots and duplex lots located within R-1, R-lA or R-2 zoning
districts shall comply with the following landscape requirements:
19
1. All single-family and duplex lots proposed for development within the village
shall be required to comply with the Florida friendly landscape concept as set
forth in the South Florida Water Management District Waterwise Guide, as
amended, with a minimum of 60 percent native landscaping required, by
submitting landscaping and irrigation plans to the department of community
development for review and consideration for approval prior to issuance of a
certificate of occupancy. This provision shall also apply to any renovation,
restoration or construction activity to an existing structure or existing
landscaped area wherein the renovation, restoration or construction activity
value is greater than 50 percent of the assessed value of the existing structure,
or 50 percent of the estimated value of the existing landscaped areas
determined by the department of community development.
2. Each single-family and duplex lot within the village shall be required to
comply with the Florida friendly landscape concept as set forth in the South
Florida Water Management District Waterwise Guide, as amended, in
accordance with the provisions of this division.
3. All landscaped areas on single-family and duplex lots within the village shall
be provided with sufficient automatic irrigation facilities and moisture control
devices, both of which shall be maintained in working order at all times in
accordance with this division. If good cause is shown that there is not a need
for automatic irrigation facilities, this requirement may be waived by action of
the village council.
4. All single-family and duplex lots within the village shall be required to
remove any prohibited landscaping from the property as set forth in this
division. This subsection shall be enforced by the village by requiring the
removal of any prohibited landscaping prior to granting any landscaping,
irrigation or well permit.
Sec. 78-403. - Perimeter planting strip required for parking areas.
For purposes of this section, open land uses shall mean open air parking lots,
private or public, and parking areas serving any commercial, business, service,
multifamily or institutional use; however, this section sha11 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. The planting strip shall have a width of'
at least five feet where vehicular use areas abut adjacent land uses and a width of at least
ten feet where vehicular use areas abut a public and/or private street right-of-way. The
planting strips shall be planted with a hedge of at least 24 inches in height at the time of'
planting, to grow to a minimum of four feet, but not to exceed six feet in height, and shall
have trees planted as required in this division. The diagram following is for illustrative
purposes. It represents minimum requirements and should be considered as a guideline
only.
20
r �• Pert��T�r Landscaping Rc•quiY�d
. .......... ....
. . . ���� ��ti� ,v 11 > ��• ����♦ ��> >tik;�ti�
. ���
vall/F�no� � Parking Ar�a =y
(open land use2 �;
. •� ♦
•
R�sid�ntial S' Carw�so�a1 S�
Us� , a�fidi�� _�
.
. .
.
.r
. ,
..
• t•I•I•I•I•I•I•I•I•I'v�IV I'�/'�J►��f•I•�I•I•�•I
.�nx��a��►s� ���Z��� 1 p • •�t���yA��st�nAx�.��
,��� 1�'r►'� ♦ ♦�1�1 •1�'ti�1���1�1• •1�t�1�� •
• - i i i •• • •• • • • • • •
Public/Psivst�e Rfght-of-i�tay
Sec. 78-404. - Ground cover and trees in planting strips.
The area of the required planting strip not occupied by a fence or hedge shall be
provided with turf or other plant ground cover material in accordance with this division.
In addition, one canopy tree shall be provided for each 30 linear feet of such landscaped
area. Such trees shall be not less than 12 feet high at the time of planting with a minimum
of five feet of clear trunk. If palm trees are planted in lieu of canopy trees, the 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'
12 feet of gray wood or clear trunk at time of planting. Only 50 percent of a11 trees
provided in the landscaping plan shall be palm trees. The diagram following is for
illustrative purposes. It represents minimum requirements and should be considered as a
guideline only.
21
Cross-seacio� of Peri�+�etez La�dso.�pe Requlre�enr
3 O' Max
= = =`� = =%, :`•`•` 1 • ,
/ I I I I I I` ♦
5"Min
hedge 2'st
plantin9
Sec. 78-405. - Accessways through landscaped areas.
Necessary accessways from public rights-of-way through all required landscaped
areas shall be permitted to service the open land use. The width of accessways shall be
included in the lineal footage calculation to determine the number of trees required in a
required planting strip area. Accessways shall in no event exceed 24 feet in width.
Sec. 78-406. - Interior landscaping of parking areas.
(A) Rows of parking spaces shall be terminated on both ends by landscaped islands
which measure not less than six feet in width (outside of curb to outside of curb)
and 20 feet in length. At least one tree shall be planted in every six-foot by 20-
foot island. The remainder of the terminal island shall be landscaped with turf,
ground covers or shrubs or a combination of any of these.
(B) Additional interior landscape islands shall be placed within rows of parking
spaces so that there is at least one interior island for every ten parking spaces or
fraction thereof. The island shall measure not less than six feet in width (outside
of curb to outside of curb) and 20 feet in length. At least one tree, as defined in
this division, shall be required per island, with the remainder of the island
landscaped with grass, ground covers, shrubs or a combination of any of these.
The diagram following is for illustrative purposes. It represents minimum
requirements and should be considered as a guideline only.
22
lroundoov�r/sod/sAruos
.;.' i i i 1 1
.�.� on� nt�r�or isl��d oe: 10 pa�kinH spaa��
.�.
r.
�� 1 2 3 4 5 6 7 e 9
os�opy tre�-r�in 1 p�s isiand
(C) In addition to the requirements in subsections (a) and (b) of this section, a
landscape divider median shall be placed between abutting rows of parking
spaces and rows of parking spaces and driveways. The minimum width of the
divider median shall be five feet and the divider median shall continue the entire
length of the parking row to the terminal landscape island. There shall be one
tree, as defined in this division, planted per 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 these. The diagram following is for
illustrative purposes. It represents minimum requirements and should be
considered as a guideline only.
!,. � � �
pa>ki�9 spaaes
.':
.
.
Z 3` .
; � 1 '; �.�. �.}•v ♦ � ?.�. . .3.ti.♦ : : • 'i • Mi e�
,� �i O � ww at
::
.
(D) Trees of the species designated within South Florida Water Management District
Waterwise Guide, as amended, which is adopted as part of this division and is on
file in the village clerk's office, shall be planted in each planting area, provided
that each species planted shall be designated as moderate drought tolerant or very
drought tolerant, designated as 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
23
referenced in this section shall be as indicated within the South Florida Water
Management District Waterwise Guide, as amended. Tree plantings shall meet
the landscaping requirements of the village.
Sec. 78-407. - Planting strip for parking areas abutting other parking area.
In commercial paxking areas where one off-street parking area adjoins or abuts
another such parking area under different ownership or use, a landscaped planting strip
not less than five feet wide maintained in good condition shall be required. It is the intent
of this section that each adjacent strip shall require the five-foot planting strip with the
intent being that a minimum combined ten-foot landscape separation be maintained
between uses. The diagram following is for illustrative purposes. It represents minimum
requirements and should be considered as a guideline only.
�' �� �� 1 � ti •SiS� ��1�ti� ��iAiS • ����. 1 �i �� :�1 ♦ �ti �i ���• ♦ 1 ♦�
. '�
..
• ` w��■��
. •♦
��� COPINI! r
Co�M�iaial s s . Bull�
Bulldin4 ,,
.. ..
...
. •�•
.
� �
� .�,.
�` �.
' V��������������♦ •�i����1 t .���•������� ���• �1��• � • •
•{•s.r.{� .�•� �•r�r•�•���' •�r-1�-r•} �•} ♦ � f � � 1 � � ��
���:•��L��: • � o • • � ,�. .��.��
Property Lines Publia/Psivate Ri9ht
� P�ri�er�r R.andsaspi�g R�qul;
Sec. 78-408. - Percentage of landscape coverage required.
Fifteen percent minimum of the gross parking area is to be devoted to living
landscaping, which includes turf, ground cover, plants, shrubs and trees in accordance
with the Florida friendly landscaping requirements of this division. The gross parking
area is to be measured from the edge of parking and/or driveway paving and sidewalks,
extended five feet in all directions, but is not to include any areas enclosed by the
building or covered by a building overhang.
24
Sec. 78-409. - Landscaping around 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 feet in width. Where a building
fronts on two streets, all sides of the building, except for designated loading areas, must
be separated from parking rows and traffic aisles by a landscape strip of at least four
feet in width which shall include trees and/or hedges.
Sec. 78-410. - Notice of violation.
If the owner, tenant, or agent, jointly or severally, shall fail to meet the
requirements of this division as to landscaping or irrigation system maintenance, or if
the existing trees, shrubbery, grass or ground covering shall be permitted to die, either
intentionally or unintentionally, and is not replaced by the owner, tenant or agent of the
real property involved within 30 days of the event occurring, then the building official,
code enforcement officer, or their respective designees, shall notify in writing the
person responsible for the maintenance or replacement of same to comply with the
requirements of this division within 30 days from date of delivery of the notice. Failure
to comply with the requirements of this section shall constitute a violation of this
division.
Sec. 78-411. - Show cause hearing; right of village to do work and assess costs;
additional remedies.
If the owner, tenant or agent shall fail to comply as stated in this division, the
village shall hold a public hearing allowing the 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 the 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
percent per annum from date of the completion of the work. Alternatively, failure to
comply shall cause the violation to be considered by the special magistrate �a�s�e�
pursuant to the procedures prescribed by law, and a fine imposed accordingly. Nothing
in this section shall preclude the village seeking relief by civil action through
mandatory injunctive relief or other relief available through the courts.
Sec. 78-412. - Assessment to constitute lien.
The bill referenced in Section 78-411 shall be assessed to the owner of the
property and, if remaining unpaid for a period of 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 the county, which lien shall be foreclosable in the manner of code
enforcement liens, together with the cost of the action and all reasonable attorneys' fees
incurred by the village.
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Sec. 78-413. - Performance surety.
(A) If the landscaping and irrigation requirements of this division 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 agent that the provisions and requirements of this division
will be complied with. The owner or his agent shall post a performance bond or
other approved surety in an amount equal to 110 percent of the cost of materials
and labor and other attendant costs incidental to the installation of the required
landscaping and irrigation system. This surety shall run to the village and shall be
in a form satisfactory and acceptable to the village, specifying the time for the
completion of the landscape requirements.
(B) The irrigation system shall be in working condition prior to a certificate of
occupancy or completion being issued. The system must be able to be turned on
at the time of the final landscape inspection to ensure proper overlap is provided.
No individual pump shall exceed twenty-five (25) horsepower.
(C) An "as-built" landscape and irrigation document shall be submitted to the Town
prior to the issuance of Certificate of Occupancy if changes were made between
plans approval, installation and final sign off. A copy of the final plans, either
"as-built" or approved plans, shall be delivered by the applicant to the
homeowner, when applicable. The purpose of this provision is to help avoid
damage to underground irrigation systems.
Sec. 78-414. - Education.
(A) To assist in public information, the education of its citizens, and the effective
implementation of this division, the village shall coordinate its efforts with those
of the South Florida Water Management District and other agencies.
(B) All persons providing landscape maintenance service for hire, including
appropriate village maintenance operation staff, shall be trained in Florida-
Friendly Best Management Practices for Protection of Water Resources of the
Green Industries by December 31, 2012.
(C) Any person that applies fertilizer for hire or in the course of their employment
shall hold a current Certificate of Completion in the Florida-Friendly Best
Management Practices for Protection of Water Resources of the Green Industries.
(D) At least one (1) person holding a current Certificate of Completion in the Florida-
Friendly Best Management Practices for Protection of Water Resources of the
Green Industries shall be present at all times on any job site while work is in
progress.
(E) New employees shall be trained within one hundred eighty (180) days of starting
a new position.
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Sec. 78-415. - Incentives.
(A) The Village may develop an incentive program in order to promote voluntary
compliance with the Florida Friendly Landscaping requirements of this division.
(B) Village businesses that use the recommended practices may be recognized as a
Green Business through the FDEP Green Business Program and may use this in
their advertising and promotion.
Sec. 78-416. - Enforcement and monitoring.
The village shall adopt policies and procedures that effectuate this division as
soon as practical. Until such time the policies and procedures are established, there
shall be no enforcement of the requirements of the fertilizer and pesticide sections of'
this division.
Secs. 78-417-78-440. - Reserved.
Section 2: Each and every other section and subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously enacted.
Section 3: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
Section 4: Should any Section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall become effective immediately upon passage.
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